Hopley v WA

[2014] WASCA 30

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administration of Justice
2. › Open justice
3. › Non-publication orders
4. › Suppression of identity of police officers
5. › Whether evidence established realistic risk of physical harm justifying departure from open justice
6. › Criminal Procedure Act 2004 (WA), s 171(4)
1. Practice and Procedure
2. › Interlocutory relief
3. › Extension of suppression orders pending appeal
4. › Whether appeal had reasonable prospect of success
5. › Analogy with stay principles

Quick Take

Mere membership of a police operational unit, including covert units such as the Tactical Response Group, does not of itself justify a non-publication order under s 171(4) of the Criminal Procedure Act 2004 (WA). Evidence of a realistic risk of physical harm beyond that inherent in the officer's role is required. Police officers and others within the criminal justice system are not to receive preferential treatment in the application of the open justice principle.