I am a mother of two and I have been charged with a high prescribed concentration of alcohol when I was caught driving home from a friend’s 40th birthday party. I live in a country town where the local newspaper reports on most drink driving charges. I’m not so worried about myself appearing in the paper but I’m concerned about the effect this will have on my children aged 10 and 15 one of whom suffers from anxiety and depression. Can my lawyer ask the court be closed to ensure my case is not publicised?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Graeme Morrison of Graeme Morrison Law, Wollongong NSW:
- The court has a very limited power to close the court or at least prohibit publication of defendants’ and victims’ names in certain categories of crime. This power is mainly confined to protecting sexual assault victims or offences that identify child victims.
- A magistrate does not have the power to close court or prohibit the publication of names of offenders in drink driving matters.