Overview

This bill aims to prevent the publication of identifying information about individuals arrested in England and Wales before they are formally charged with a crime. It sets out exceptions to this restriction and defines penalties for violations.

Description

The bill prohibits the publication of an arrested person's name, address, or any image (still or moving) if it's likely to identify them as the suspect. This restriction remains in place until the person is charged. However, a Crown Court judge can lift these restrictions if:

• It's required to comply with the Human Rights Act 1998.
• It's in the interests of justice (e.g., to find additional complainants, assist investigations, or aid the defendant's defense).
• It's otherwise in the public interest.

The judge can make this decision based on an application from the arrested person, a Chief Constable, a prosecuting authority, another interested party, or on their own initiative. A joint application from the arrested person and a relevant authority will automatically result in a lifting of the restrictions to the extent necessary.

Publishing information in violation of the bill is a summary offence, punishable by up to 6 months imprisonment and/or a fine for individuals, and a fine for other entities. A defence exists if the publisher lacked knowledge of the prohibited information. The bill defines "offence," "picture," "prosecuting authority," and "publication," and specifies the circumstances under which a person is considered "charged" for the purpose of the bill.

Government Spending

The bill doesn't directly specify government spending. Implementation might involve administrative costs for the judiciary and law enforcement agencies. Costs may also result from potential court cases stemming from violations of the law.

Groups Affected

• Arrested individuals: Their anonymity is protected until charged, potentially benefiting their reputation and reducing the risk of prejudicial media coverage.
• News media outlets: Restrictions on publication could impact their ability to report on arrests. Penalties apply for non-compliance.
• Law enforcement agencies: May need to adapt their procedures, and could make applications to the Crown Court to allow certain information to be released.
• The judiciary: Crown Court judges will have additional responsibilities to review cases where the reporting restrictions may be lifted.

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