Overview

This bill aims to prevent the publication of identifying information about individuals arrested in England and Wales before they are formally charged with an offence. It sets out exceptions where publication might be allowed and defines penalties for non-compliance.

Description

The Anonymity (Arrested Persons) Bill restricts the publication of an arrested person's name, address, and any images in England and Wales until they are charged. This applies to all public media, including print, electronic, and broadcast formats. The restriction is lifted only upon formal charge.

Exceptions

A Crown Court judge can lift the restrictions if it's necessary to comply with the Human Rights Act 1998, is in the interests of justice (e.g., to encourage additional witnesses or aid the investigation or defense), or is otherwise in the public interest. This direction may be made by the court on its own motion or on application by the arrested person, the police, the prosecution, or anyone else with a demonstrable interest.

Offences and Penalties

Publishing information in contravention of the bill is a summary offence. Those liable include newspaper proprietors, editors, publishers, broadcasters, and relevant personnel within broadcasting organisations. Prosecution requires consent from the Director of Public Prosecutions, the Director of the Serious Fraud Office, or the Director of Revenue and Customs Prosecutions. Penalties for individuals can include up to six months imprisonment and/or a fine; bodies corporate face fines.

Defences

A defence exists if the accused can prove they were unaware of the prohibited information's inclusion in the publication or broadcast.

Government Spending

The bill doesn't directly specify increased or decreased government spending. However, there might be some associated costs related to potential legal challenges and enforcement.

Groups Affected

• Arrested individuals: Increased protection of their anonymity before charge.
• Media outlets: Significant restrictions on reporting arrests and potential legal repercussions for non-compliance.
• Law enforcement: May face challenges in publicising investigations before charges are laid, but may also benefit from the ability to apply to a judge for exceptions.
• The Public: Limited information about arrests will be available before charge, balancing individual rights with public interest.

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