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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 disclose information that could identify someone under investigation for an alleged offense, unless the disclosure is deemed reasonably necessary for specific purposes, such as crime prevention or the administration of justice. It sets out penalties for individuals and corporations found guilty of such disclosures.

Description

The Anonymity of Suspects Bill criminalizes the disclosure of information likely to identify a person under investigation for an alleged crime. There are exceptions: disclosure is permitted if reasonably necessary for crime prevention, apprehending offenders, administering justice, tax collection, immigration control, or maintaining security in detention facilities.

Defenses

A person accused under this law can argue that the disclosure was necessary for crime prevention, legally required, or justified in the public interest.

Corporate Liability

If a company commits this offense through the consent or connivance of a senior officer, both the company and the officer are liable. "Senior officer" includes directors, managers, and secretaries.

Penalties

Individuals face up to six months imprisonment and/or a fine, while corporations face fines. The exact amount of the fine is determined by the statutory maximum.

Definitions

"Investigation" refers to inquiries by public authorities to determine if someone should be arrested or charged. "Offence" refers to any summary or indictable offence under English and Welsh law.

Government Spending

The bill doesn't directly specify additional government spending. However, there might be indirect costs associated with enforcement, such as increased workload for law enforcement and the judicial system.

Groups Affected

Groups potentially affected include:

  • Journalists: Could face prosecution for publishing information that identifies suspects.
  • Law enforcement agencies: Need to ensure compliance with the law while conducting investigations.
  • Individuals: Those who inadvertently disclose information could be prosecuted.
  • Corporations: Risk prosecution if employees or senior officers disclose information without justification.
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