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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 crime to knowingly reveal information that could identify someone under investigation for a crime, unless the disclosure is deemed necessary for crime prevention, prosecution, or other specific legal purposes. Exceptions include situations where disclosure is required for legal proceedings or is in the public interest.

Description

The Anonymity of Suspects Bill criminalizes the disclosure of information likely to identify a person under investigation for an alleged offense. This applies to both individuals and corporations.

Exceptions:

The bill includes exceptions if disclosure is reasonably necessary for: crime prevention/detection, apprehending/prosecuting offenders, administering justice, tax collection, immigration control, or maintaining security in detention facilities.

Defenses:

A defense against charges under this bill exists if the disclosure was necessary for crime prevention, legally required, or justified in the public interest.

Corporate Liability:

If a corporation commits this offense due to the consent or connivance of a senior officer, both the corporation and the officer are liable. “Senior officer” includes directors, managers, and secretaries.

Penalties:

Individuals face up to 6 months imprisonment and/or a fine, while corporations face fines only.

Scope and Commencement:

The bill applies to England and Wales and comes into force 90 days after passing.

Government Spending

The bill doesn't directly specify government spending increases or decreases. The cost of enforcement and potential legal challenges would need to be assessed separately.

Groups Affected

  • Suspects under investigation: Increased protection of their identities.
  • Journalists and media outlets: Potentially restricted in reporting on investigations, especially early stages.
  • Law enforcement: New responsibilities for ensuring suspect anonymity.
  • Corporations: Increased risk of prosecution if employees disclose information about suspects.
  • Individuals disclosing information: Risk of prosecution for unintentionally revealing identifying information.
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