Criminal Justice: Anonymity

Lord Morris of Aberavon Excerpts

Tuesday 17th November 2015 Lords Chamber

[Lord Bates]

That specific idea was raised by the Home Affairs Select Committee in one of its recommendations. As the noble Lord will know better than most, it gives rise to particular issues and difficulties when applied across the board in all cases. But it is certainly something we should look at, and there will be legislative opportunities, most notably in the Police and Criminal Justice Bill, to consider such issues further.

[Lord Morris of Aberavon (Lab)]

My Lords, if injustice can occur in these circumstances, how is it justified to release names when there is no charge?

[Lord Bates]

The police very much need to deal with such issues on a case-by-case basis. I am struggling to think of particular circumstances, but they might include a threat to life, the prevention or detection of a crime, or public interest and confidence. Those are the tests that the police have to pass before it is done, and when it is done, it should be done in a formal way, not by leaking—which, of course, was the subject of another inquiry by Lord Justice Leveson, into the culture and ethics of the press.