After conviction for sexual offences, the balance of considerations for maintaining suppression orders shifts significantly against suppression. A conviction is a final order and publication maintains public confidence in the criminal law. The risk of prejudice to a potential retrial is substantially diminished because the appellate court can make fresh suppression orders if a retrial is ordered. General hardship to children of convicted offenders does not constitute 'undue hardship' under s 69A(1)(b)(iii) of the Evidence Act 1929 (SA) without specific evidence about the particular children.
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