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Society says no to anonymity for rape defendants

The Government is being urged to remove an amendment to the Sexual Offences Bill which would provide anonymity for rape defendants.

Clause Two of the bill, which is currently passing through the Commons, would allow those charged with rape the same right to anonymity as the victim of the alleged offence.

But The Newspaper Society says the amendment, introduced by Lord Ackner, is at odds with the principle of open justice and freedom of expression.

It is arguing that the identification of those held in police custody and appearing as defendants in court is intrinsic to the principle of open justice.

And it says that the names of those involved in proceedings should only be withheld where failure to do so would prevent justice being done – and not merely to avoid embarrassment or inconvenience to the individual concerned.

Sue Oake, legal adviser at the Society, said: “Fair and accurate court reporting is one of the most important functions performed by the local and regional press.

“The vital role of the press in the maintenance of the principle of open justice, as the ears and eyes of the public has long been acknowledged by the courts and the judicial system itself.”

For public policy reasons a departure from the rule of open justice has been allowed in certain limited cases, including victims of sexual offences, blackmail victims and proceedings involving children, but the Newspaper Society says this should not be extended to a particular category of defendants.

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