Report on identity protection after arrests could be presented ‘soon’

St Martin’s School. Deputy Jeremy Macon, minister for children and housing Picture: ROB CURRIE

Home Affairs Minister Gregory Guida said that ‘preliminary findings’ could form the basis of a States in-committee debate but that legislative changes would not happen during this term of office.

Deputy Jeremy Maçon, who was arrested in March, asked in a written States question what was being done to protect the identity of an individual arrested but not charged, to prevent them from being named by the police, the civil service and the media. He was relieved of his duties as Children’s and Education Minister following his arrest and subsequently resigned from the post while the investigation continued.

The case against the St Saviour Deputy was dropped without any charges being brought following consideration of a prosecution case file by the Law Officers’ Department.

Details of the alleged crime for which the Deputy had been arrested were never made public.

In his answer, Deputy Guida says: ‘It was an ambition of my predecessor [Len Norman] to develop some protection for people being investigated by the authorities but not yet charged for any crime. Preliminary work was started, looking at how other jurisdictions deal with the issue, which is intricately linked to the judicial process. This work was suspended during the Covid pandemic and is not advanced enough to lead to legislative changes during this term of office, but I hope to bring the preliminary findings to the assembly as part of an in-committee debate soon, to help decide which direction the project should take in the next term.

Deputy Guida said that the States police did not confirm the identity of individuals who had been arrested prior to charging if an inquiry about their identity was made.

He added that they could ‘proactively’ release the person’s gender, their age and where they lived, as well as whether they were in custody or had been bailed, and the subsequent bail date, or if they had been released without bail or with no further action being taken.

Deputy Guida continued: ‘In circumstances where the release of such information, particularly details relating to age or location, is likely to confirm the identity of a person arrested, careful consideration is given to providing less specific details to ensure the person is not identified.

‘This position is endorsed by the National Police Chiefs Council in their media guidance. It recognises that where the police name those who are arrested, there is a risk of unfair damage to the reputations of those persons, particularly if they are never charged.

‘However, it cannot and does not seek to prevent the media relying on information from sources outside the police in order to confirm identities.’

Deputy Maçon also tabled a separate question to Attorney General Mark Temple to ask what legislation existed to protect the identity of individuals of alleged crimes who had not been charged.

In his answer, the Attorney General said: ‘No legislation in Jersey expressly prescribes that individuals who have not been charged must not be named.’

Following confirmation in September that charges would not be brought against him, Deputy Maçon gave a statement in the States Chamber in which he claimed he had been the victim of an ‘extremely malicious and politically motivated attack’ which was designed to ‘smear’ his character, ‘damage’ his reputation and ‘hurt’ him personally.

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