Moved by
Lord Paddick
187: After Clause 152, insert the following new Clause—
“Pre-charge anonymity
(1) The Sexual Offences (Amendment) Act 1992 is amended as follows.
(2) After section 1 insert—
“1A Anonymity of suspects prior to charge
(1) Where an allegation has been made that an offence to which this Act applies has been committed by a person but the person has not been charged with that offence, neither the name nor address, and no still or moving picture of that person, nor any other matter shall (without that person's consent) during that person’s lifetime—
(a) be published in England and Wales in a written publication available to the public; or
(b) be included in a relevant programme for reception in England and Wales,
if it is likely to lead members of the public to identify that person as the person by whom the offence is alleged to have been committed.
(2) Subsection (1) is subject to any direction given under section 3.”
(3) In section 3—
(a) in subsection (1) for “to which this Act applies” substitute “to which section 1 of this Act applies”;
(b) after subsection (4) insert—
“(4A) A police officer of the rank of inspector or above may apply to a judge of the Crown Court for a direction under this subsection and if the judge is satified that it is in the interests of justice to remove or vary a restriction provided for in section 1A, the judge shall direct that the restriction shall be lifted or shall be limited to such extent and on such terms as the judge considers the interests of justice require.
(4B) In considering an application under subsection (1), the judge shall have particular regard to the possibility that further witnesses might volunteer evidence relating to sexual offences allegedly committed by the person.”
(4) In section 5—
(a) in subsection (1) after “section 1” insert “or section 1A”;
(b) in subsection (2) after “committed” insert “or the person by whom an offence is alleged to have been committed and to whom section 1A applies”.”