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prohibit
the publication of certain information regarding persons who have
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been arrested until they have
been charged with an offence; to set out the |
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circumstances where such information
can be published without committing |
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an offence; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Reporting
restrictions between arrest and charge |
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(1) |
Where a person is arrested
for an offence then neither their name nor address, |
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nor any still or moving picture,
of that person shall— |
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(a) |
be published in England and
Wales in any publication available to the |
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public in written, electronic
or any other form; or |
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(b) |
be included in a relevant
programme for reception in England and |
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if
it is likely to lead members of the public to identify that person
as the person |
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by whom the offence is suspected
or alleged to have been committed. |
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(2) |
The restrictions imposed
by subsection (1) shall continue to apply unless and |
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until the person is charged
with the offence for which they were arrested. |
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2 |
Exception
to reporting restrictions |
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(1) |
A judge of the Crown Court
may direct that section 1 shall not apply to a |
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person who has been arrested
where satisfied that such a direction is— |
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(a) |
required to comply with the
Human Rights Act 1998; |
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(b) |
in the interests of justice;
or |
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(c) |
otherwise in the public interest. |
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(2) |
Without prejudice to the
generality of subsection (1), it shall be in the interests |
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of justice to make a direction
where— |
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(a) |
it may lead to additional
complainants coming forward; |
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(b) |
it may lead to information
that assists the investigation of the offence; |
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(c) |
it
may lead to information that assists the arrested person; or |
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(d) |
the conduct of the arrested
person’s defence at trial is likely to be |
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substantially prejudiced if
the direction is not given. |
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(3) |
A direction may be made or
reviewed— |
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(a) |
on the application of the
person who has been arrested; |
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(b) |
on the application of a Chief
Constable or prosecuting authority; |
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(c) |
on the application of any
other person who is considered by a judge of |
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the Crown Court to have a
sufficient interest; or |
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(d) |
by the Court of its own motion. |
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(4) |
A direction shall be made
under subsection (1) to the extent necessary to give |
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effect to a joint application
that is made under this section by— |
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(a) |
the arrested person; and |
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(b) |
a Chief Constable or prosecuting
authority. |
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(5) |
Any direction under this
section may either disapply section 1 in its entirety or |
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in relation to specified
matters and time periods only. |
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(1) |
If any matter is published
or included in a relevant programme in |
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contravention of section
1, the following persons shall be guilty of a summary |
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(a) |
in the case of publication
in a newspaper or periodical, any proprietor, |
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any editor and any publisher
of the newspaper or periodical; |
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(b) |
in the case of publication
in any other form, the person publishing the |
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(c) |
in the case of any matter
included in a relevant programme— |
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(i) |
any body corporate engaged
in providing the service in which |
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the programme is included;
and |
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(ii) |
any person having functions
in relation to the programme |
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corresponding to those
of an editor of a newspaper. |
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(2) |
Proceedings for an offence
under this section shall not be instituted except by |
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(a) |
the Director of Public Prosecutions, |
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(b) |
the Director of the Serious
Fraud Office, or |
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(c) |
the Director of Revenue and
Customs Prosecutions. |
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4 |
Defence:
no knowledge of prohibited matter |
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A defence is available to
a person charged under section 3 where at the time of |
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the alleged offence they
were not aware, and neither suspected nor had reason |
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to suspect, that the publication
or programme in question was of, or included, |
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the prohibited matter in
question. |
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(1) |
An individual guilty of
an offence under section 3 is liable on conviction to |
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imprisonment for a term not
exceeding 6 months, or to a fine not exceeding the |
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statutory maximum, or to
both. |
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(2) |
Any
other person guilty of an offence under section 3 is liable on
conviction to |
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a fine not exceeding the
statutory maximum. |
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6 |
Offences
by bodies corporate |
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(1) |
This section applies if
an offence under this Act is committed by a body |
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(2) |
If the offence is proved
to have been committed with the consent or connivance |
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(a) |
a senior officer of the body
corporate, or |
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(b) |
a person purporting to act
in such a capacity, |
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the
senior officer or person (as well as the body corporate) is guilty
of the |
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offence and liable to be
proceeded against and punished accordingly. |
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“director”,
in relation to a body corporate whose affairs are managed by |
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its members, means a member
of the body corporate, |
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“senior officer”,
in relation to a body corporate, means a director, |
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manager, secretary or other
similar officer of the body corporate. |
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“offence” means
any summary or indictable offence against the laws of |
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“picture” includes
a likeness however produced; |
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“prosecuting authority”
means— |
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(a) |
the Director of Public
Prosecutions, |
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(b) |
the Director of the
Serious Fraud Office, |
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(c) |
the Director of Revenue
and Customs Prosecutions, and |
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(d) |
any other person or
body that is designated for the purposes of |
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this Act by an order
made by the Secretary of State. |
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“publication”
includes a film, a soundtrack and any record in permanent |
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form; it also includes any
publication on an internet site based in |
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England and Wales, but does
not include an indictment or other |
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document prepared for use
in particular legal proceedings; |
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“relevant programme”
means a programme included in a programme |
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service, within the meaning
of the Broadcasting Act 1990. |
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(2) |
Subject to subsection (3),
a person is charged with an offence for the purposes |
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(a) |
a custody sergeant charges
the person in accordance with section 37 of |
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the Police and Criminal Evidence
Act 1984; |
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(b) |
an information is laid alleging
that the person has committed the |
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offence in accordance with
section 1 of the Magistrates’ Courts Act |
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(c) |
a charge is brought against
the person by a prosecuting authority; |
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(d) |
the person appears before
a court charged with the offence; |
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(e) |
a court before which the
person is appearing commits the person for |
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trial on a new charge alleging
the offence, or |
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(f) |
a
bill of indictment charging the person with the offence is preferred
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before a court in which he
may lawfully be indicted for the offence. |
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(3) |
The Secretary of State may
by order make provision to specify additional |
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circumstances in which a
person is to be treated as being charged with an |
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offence for the purposes
of this Act. |
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(4) |
Nothing in this Act affects
any prohibition or restriction imposed by virtue of |
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any other enactment upon
a publication or matter included in a relevant |
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(1) |
A power to make an order
under this Act is exercisable by statutory |
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(2) |
A statutory instrument under
sections 7(1) or 7(3) of this Act may not be made |
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unless a draft of the instrument
has been laid before, and approved by a |
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resolution of, each House
of Parliament. |
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9 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Anonymity (Arrested Persons) Act 2011. |
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(2) |
This Act comes into force
on such day as the Secretary of State may by order |
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made by statutory instrument
appoint. |
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(3) |
This Act extends to England
and Wales only. |
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