The phrase 'in the interests of justice' in s 171(4)(b) of the Criminal Procedure Act 2004 (WA) is broader than 'in the interests of the administration of justice' and can accommodate the personal interests of witnesses, including mental health concerns, provided the harm goes beyond mere embarrassment. A non-publication order suppressing only a witness's identity (while permitting reporting of all evidence) represents a minimal departure from open justice. A witness's own affidavit evidence of mental health history and risk of harm may be sufficient to support such an order without independent medical evidence, though independent evidence would be preferable.
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