Justice Secretary Robert Buckland slapped down by Number 10 over anonymity call
Written by News on 01/08/2019
Downing Street has dismissed the new justice secretary’s claim that criminal suspects with a reputation to protect should remain anonymous until charged.
Robert Buckland, who became justice secretary and Lord Chancellor last week, was left isolated by Number 10 over his views on banning the naming of suspects.
Police will not usually name a person until they are charged with an offence, but there are not often restrictions on them being identified by other means.
Mr Buckland told The Times: “Let’s say you are a reputable local businessperson who is accused of fraud.
“Your good name is going to be really undermined by this mere accusation. You are a person of good character.
“That might be a meritorious case for anonymity.”
The former criminal law barrister added: “Let’s say you are a person with a list of previous convictions.
“You’ve committed offences. There is intelligence out there that suggests that other victims might come forward.
“Is that a case where anonymity should be automatic?”
According to the newspaper, Mr Buckland made the comments as he backed a campaign by Sir Cliff Richard and Paul Gambaccini to ban the naming of those arrested on suspicion of rape and other sexual offences.
He was accused of laying out the framework for a two-tier criminal justice system.
Chris Henley QC, chairman of the Criminal Bar Association, told The Times: “The law must be applied equally whoever you are; money and apparent status should never be a card that can be played by the powerful to hide behind.”
Ed Grange, a partner at criminal law firm Corker Binning, told Sky News: “It has long been a justification for naming those accused of serious sexual offences that doing so would encourage other potential victims to come forward.
“That justification seems less compelling when considering anonymity for those accused of other criminal offences. It is to be welcomed.
“However, the thought that such anonymity would only apply to those that have a reputation to protect would risk alienating those who are not rich and famous who find themselves caught up in the criminal justice system.
“It is not only celebrities who have reputations to preserve.”
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Number 10 distanced itself from Mr Buckland’s comments, with a spokesperson saying: “This is not government policy.”
The justice secretary clarified he was not specifically advocating anonymity for those accused of sexual offences.
He also stressed he disagreed with a 2010 proposal by the coalition government, later abandoned, to offer anonymity to defendants in rape cases.
Mr Buckland told Labour MP Stella Creasy on Twitter: “I agree that particular crimes should not be singled out, particularly sexual allegations.
“I was against the 2010 proposal.”
Ms Creasy had told Mr Buckland: “Bring this in for ALL crimes, not just those where majority of victims are women, and you might have a case.
“Otherwise you’re basing actual law making on the belief women lie. Really thought you were better than this tbh…”
Sir Cliff is leading a campaign for a change in the law after he was wrongly accused of sexual assault.
The singer was publicly named over an allegation against him after a police raid on his home – which was broadcast by the BBC – in the summer of 2014, but he was never arrested or charged.
Earlier this month, Sir Cliff said: “I’m sure there are still people who believe in that stupid adage of ‘no smoke without fire’.”
Gambaccini, a radio DJ, won a payout from prosecutors last year over an unfounded case regarding historical sex allegations.
He described the episode as a celebrity “witch hunt”.
(c) Sky News 2019: Justice Secretary Robert Buckland slapped down by Number 10 over anonymity call