Overview

This bill aims to prevent the publication of identifying information about arrested individuals in England and Wales until they are formally charged with an offence. It outlines exceptions to this rule, allowing publication in specific circumstances determined by a judge, and sets penalties for violations.

Description

The bill prohibits the publication of an arrested person's name, address, or image in any public medium (print, electronic, broadcast) if it's likely to identify them as the suspect. This restriction lasts until the individual is charged.

Exceptions:

A Crown Court judge can permit publication if it's necessary to comply with the Human Rights Act 1998, is in the interests of justice (e.g., to find more witnesses or assist the investigation or defense), or is otherwise in the public interest. The judge can make this ruling on their own initiative or following applications from the arrested person, police, prosecuting authorities, or other interested parties. The judge can also decide to only lift the restrictions partially.

Offenses and Penalties:

Publishing prohibited information is a summary offence. Those responsible, such as newspaper proprietors, editors, publishers, and broadcasters, will face penalties. Individuals may face up to six months imprisonment or a fine, while corporations may face fines. Prosecuting such offenses requires consent from the Director of Public Prosecutions or the Director of the Serious Fraud Office. A defence is available if the accused had no knowledge of the prohibited matter.

Definitions:

The bill defines key terms like "offence," "picture," "prosecuting authority," and "publication." It also specifies the criteria for when a person is considered "charged" and how the Secretary of State can issue further regulations to clarify certain points.

Government Spending

The bill doesn't directly specify government spending. The potential costs relate to enforcement and legal processes related to prosecuting offences under this act. No figures have been provided.

Groups Affected

• Arrested Individuals: Their right to anonymity is protected until charged, unless an exception applies.
• Media Outlets: Face restrictions on reporting arrests and potential penalties for violations.
• Law Enforcement: May need to adjust their practices to account for the new reporting restrictions, and may need to actively seek exceptions to the rules where appropriate.
• Judges: Given a significant role in determining exceptions to the anonymity rules.
• Public: May have less information immediately following an arrest, but potentially increased public interest in cases.

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