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by Munro Research

Anonymity (Arrested Persons) Bill


Official Summary

A Bill to prohibit the publication of certain information regarding persons who have been arrested until they have been charged with an offence; to set out the circumstances where such information can be published without committing an offence; and for connected purposes.

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Overview

This bill aims to prevent the publication of identifying information about arrested individuals in England and Wales until they are formally charged with an offence. It outlines exceptions where publication is permitted and sets penalties for violations.

Description

The Anonymity (Arrested Persons) Bill restricts the publication of an arrested person's name, address, and any images (still or moving) if it's likely to identify them as the suspect. This restriction applies until the person is charged. However, a Crown Court judge can grant exceptions if necessary for compliance with the Human Rights Act 1998, in the interests of justice (e.g., to find additional complainants or evidence), or in the public interest. The bill defines offences related to violating these restrictions, specifying penalties for individuals and corporate bodies. A defense is available if the publisher lacked knowledge of the prohibited material. The Secretary of State has powers to make orders clarifying aspects of the bill, including who constitutes a prosecuting authority and the circumstances under which someone is considered 'charged'.

Government Spending

The bill does not directly specify any increase or decrease in government spending. The implementation may lead to some administrative costs associated with oversight and potential legal proceedings, but specific figures are not provided within the bill text.

Groups Affected

  • Arrested individuals: Their right to anonymity is protected until charged.
  • News media: Face restrictions on reporting arrests, potentially impacting their ability to publish news.
  • Law enforcement: May need to adjust their practices concerning public information release.
  • Judges: Will have the authority to grant exceptions to the reporting restrictions.
  • Publishers and editors: Could face legal penalties for publishing prohibited information.
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