Criminal Justice: Anonymity

Debate between Lord Fowler and Lord Bates

Tuesday 17th November 2015 Lords Chamber

[Lord Fowler]

To ask Her Majesty’s Government what action they propose to protect those who have not been charged with any offence from being named as under investigation.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, decisions to release the name of a suspect in an investigation are for the police to take. Such decisions should be made on a case-by-case basis, and the police should not release the names of those who are arrested or suspected of a crime except in exceptional circumstances.

[Lord Fowler (Con)]

While I thank the Minister for that Reply, does he realise that in the case of our late and respected colleague Leon Brittan, the CPS told the police not once but four times that, in respect of an alleged case of rape half a century previously, he had no case to answer? However, that did not prevent his name being critically plastered over the media, even on the very day that he died. There have been similar cases, such as that of Paul Gambaccini, who, again, was named but never charged with any offence. Rigorous investigation should clearly take place in cases of rape and sexual abuse, but surely that should not be at the price of public injustice to innocent men and women.

[Lord Bates]

My noble friend is absolutely right to draw attention to this. When accusations of this vile nature are made against people who are subsequently found to be not guilty, it is a matter of incredible distress to them and their families. The police guidance on this is very clear. It says that the police should not release the names of those who are arrested or suspected of a crime unless there are clear circumstances to justify it. That means that such a decision should be taken by a chief officer and should not be the subject of informal press briefing: it ought to be communicated above the line. I am aware, as is my noble friend, that the Metropolitan Police has itself looked into this and has issued a letter of apology to Lady Brittan in respect of some allegations and conduct. It has also invited another constabulary to review its procedures. In this case, as in any other, there is also the possibility of referral to the Independent Police Complaints Commission.