Overview

This bill aims to prevent the publication of identifying information about individuals arrested for an offence in England and Wales until they are formally charged. It sets out exceptions where publication might be allowed and defines penalties for violations.

Description

The bill restricts the publication of an arrested person's name, address, and any images until they are charged. This applies to all forms of public media in England and Wales. However, a Crown Court judge can issue a direction to override these restrictions if it's necessary to comply with the Human Rights Act 1998, in the interests of justice (e.g., to find more witnesses or evidence), or in the public interest. This direction can be made on application by the arrested person, the police, or others with sufficient interest, or by the court itself. The bill outlines offences and penalties for those who violate the restrictions; individuals face up to six months imprisonment and/or a fine, while corporations face fines. Defences exist if the offender had no knowledge of the prohibited information. The bill defines "charged" to cover various legal stages and allows the Secretary of State to add to this definition. The bill also defines key terms like "prosecuting authority" and "publication."

Government Spending

The bill doesn't directly specify any government spending. The primary cost implications would likely relate to enforcement by the police and the prosecution service, and potential legal challenges to the restrictions. No figures are provided in the bill itself.

Groups Affected

• Arrested individuals: Their anonymity is protected until charged, potentially affecting their reputations and public perception.
• Media outlets: They face restrictions on reporting arrests, potentially impacting their ability to inform the public.
• Police and Prosecuting authorities: They may need to manage applications for exceptions to the reporting restrictions and to investigate violations of the law.
• Judges: They will be responsible for deciding on applications to lift the reporting restrictions.
• The public: Public access to information about arrests could be significantly limited until a charge is made.

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