The power under s 11(4B) of the Children (Criminal Proceedings) Act 1987 (NSW) to authorise publication of the name of a person convicted of a serious children's indictable offence can only be exercised by the sentencing court at the time of sentencing; it cannot be invoked after sentencing proceedings and appeals have concluded. Courts should not make non-publication or pseudonym orders that merely replicate the effect of the self-executing prohibition in s 11(1), but may make such orders for other purposes such as ensuring a fair trial in subsequent proceedings.
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