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November 18, 2015

There are good reasons for an outright ban on naming arrested persons prior to charge

In the wake of juries finding that eleven Sun journalists were not guilty of misconduct in a public office offences, Operation Elveden stands accused. Lawyers for the cleared journalists say the Metropolitan Police made a “monumental error” in pursuing the case. Given its cost – reported to be some £30m – they may well have a point.

But the case prompts a question of even wider importance. Recent years have seen more than 60 journalists arrested in connection with a number of alleged offences, only for most of the cases against them to be dropped for lack of evidence. By the damage is done: they have been publicly named and smeared. So is it right to name suspects before charges are brought, when the damage caused to that individual’s reputation can be utterly devastating – and permanent?

As the law stands, arrested persons have no absolute right to anonymity. Nevertheless, College of Policing guidelines reflect Lord Justice Leveson’s view, in his 2012 report, that the names or identifying details of those who are arrested or suspected of a crime should not be released to the public, save in “exceptional and clearly identified circumstances”, for example where there may be an immediate risk to the public.

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