Overview

This bill aims to prevent the publication of identifying information about individuals arrested in England and Wales until they are formally charged with an offence. Exceptions are made where a judge deems it necessary for reasons such as protecting human rights, aiding justice, or assisting the investigation or defense.

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 a suspect. This restriction remains in place until they are charged. However, a Crown Court judge can grant exceptions if it's required by the Human Rights Act 1998, in the interests of justice (e.g., to find additional complainants or evidence), or in the public interest. The judge can make such a decision at the request of the arrested person, the police, prosecuting authorities, or other interested parties, or on their own initiative. Publishing information in violation of the bill is a summary offence, punishable by imprisonment (for individuals) or fines (for individuals and corporations). Defenses exist if the publisher lacked knowledge of the prohibited information. The Secretary of State can create regulations to expand the definition of "charged with an offence" and to designate prosecuting authorities.

Government Spending

The bill doesn't directly specify any government spending. The potential impact on spending would be indirect, possibly involving increased court costs associated with applications for exceptions to the reporting restrictions and potential costs related to enforcement. No figures are available in the provided text.

Groups Affected

• Arrested individuals: Their anonymity is protected until charged, potentially safeguarding their reputation and reducing public pressure during investigations.
• Media outlets: Face restrictions on reporting arrests, potentially impacting news coverage and public awareness of investigations.
• Law enforcement agencies: May need to make applications to court for exceptions to the restrictions and may face restrictions on communication of investigation updates.
• Judges: Have increased responsibility in determining exceptions to the anonymity restrictions.
• The Public: May have a delayed or limited understanding of criminal investigations.

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