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Commons Amendment

Part of the debate – in the House of Lords at 6:46 pm on 13th November 2003.

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Photo of Lord Thomas of Gresford Lord Thomas of Gresford Liberal Democrat 6:46 pm, 13th November 2003

rose to move, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 1, at end insert "but do propose the following amendment in lieu of the words so left out of the Bill—

1CInsert the following new Clause— "Anonymity of suspects and defendants in certain cases (No. 2)

(1) Subject to subsection (3), where an allegation has been made that a person has committed an offence listed in Schedule 3, no matter relating to that person shall be included in any publication if it is likely to lead members of the public to identify that person as the person who is alleged to have committed the offence, until and unless that person is charged.

(2) If any matter is published or included in a relevant programme in contravention of subsection (1), the following persons, namely—

(a) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) in the case of any other publication, the person who publishes it; and

(c) in the case of a matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper; shall be guilty of an offence.

(3) Subsection (1) shall not apply—

(a) if the person against whom the allegation has been made waives his right to anonymity; or

(b) if it is disapplied in relation to a specific person by a magistrates' court on application by a police officer of at least the rank of inspector.""