Independent Office for Police Conduct

Lord Berkeley of Knighton Excerpts

Tuesday 16th March 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, as regards injustice, as I have previously said, the commissioner has apologised both to Lady Brittan and to Lord Brammall. On the shortcomings of the IOPC, we agree that there is room for further progress. The Home Secretary has raised concerns about the IOPC’s performance, and in October 2019 she formally requested a report on the IOPC’s plans to increase efficiency and effectiveness—that is on the Home Office website. The Government are not minded to initiate a public inquiry into either Operation Midland or Operation Conifer, because both operations have already been subject to considerable scrutiny.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, we all want to avoid terrible cases like this. Some people are concerned that if there is anonymity up until charging, which of course would stop cases like this one and that of Cliff Richard, people may not come forward with important information. However, does the Minister agree that if people come forward after charging, that is still possible and in fact more possible, because the CPS will by then have looked at the allegations and found out whether there was anything worth pursuing?

[Lord Wolfson of Tredegar (Con)]

My Lords, there is indeed a difference between pre and post charge. The Government believe that, in principle and in general, there should be a right to anonymity pre charge in respect of all offences. But—it is an important but—there will be exceptional circumstances where there are legitimate policing reasons for naming a suspect, such as an imminent threat to life. The guidance in this regard is governed by the College of Policing’s authorised professional practice on media relations, which states:

“Police will not name those arrested, or suspected of a crime, save in exceptional circumstances … such as a threat to life, the prevention or detection of crime, or where police have made a public warning”.


After charge, as the noble Lord indicates, the position is different.