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by Munro Research

Anonymity of Suspects Bill


Official Summary

A Bill to create an offence of disclosing the identity of a person who is the subject of an investigation in respect of the alleged commission of an offence; and for connected purposes.

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Overview

This bill proposes making it a criminal offence to disclose information that could identify someone under investigation for a crime, unless that disclosure is necessary for crime prevention, justice, or other specific legal purposes.

Description

The Anonymity of Suspects Bill aims to protect individuals under criminal investigation by prohibiting the public disclosure of information that might reveal their identity. This applies to any investigation by a public authority investigating alleged offences in England and Wales. There are exceptions for disclosures deemed reasonably necessary for preventing or detecting crime, apprehending or prosecuting offenders, administering justice, tax collection, immigration control, or maintaining security in detention facilities. Individuals can defend themselves against charges by proving the disclosure was necessary for crime prevention, legally required, or justified in the public interest. If a company commits this offence with the consent or connivance of a senior officer, both the company and the officer can be prosecuted. Penalties include up to six months imprisonment and/or a fine for individuals, and fines for other entities.

Government Spending

The bill doesn't directly specify government spending. However, there may be costs associated with enforcing the new law, such as increased police resources or legal costs related to prosecutions. No figures have been provided in the bill itself.

Groups Affected

  • Suspects under investigation: The bill aims to protect their anonymity during the investigation phase.
  • Journalists and media outlets: Restrictions on disclosing identifying information could impact their ability to report on investigations.
  • Law enforcement agencies: Agencies will need to ensure their own disclosures are compliant with the law's exceptions.
  • Individuals who disclose information unintentionally: Those who inadvertently share information leading to identification may face prosecution unless they fall under the exceptions.
  • Companies: Businesses could face penalties if their employees or agents disclose identifying information, particularly if senior management is involved.

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