Maia Cohen-Lask and Nick Barnard have written an article for Solicitors Journal on uncharged suspects’ rights and the impact of the Bloomberg LP v ZXC case.
The article explores:
– why the media didn’t name the MP recently arrested on suspicion of a number of criminal offences, including rape;
– the Supreme Court’s recent decision in Bloomberg LP v ZXC UKSC 5;
– how it effects the legal test that determines whether the suspect has a reasonable expectation of privacy; and
– what the suspects’ rights are.
They write: “The judicial and prosecutorial attitude to the anonymity of suspects pre-charge has shifted a great deal during the last 10 years. ZXC was as much a reflection of this shift, as an attempt to break new ground. Whilst the British public’s appetite for salacious stories about the alleged wrongdoing of public figures will never abate, the direction of travel is now clearly away from feeding that appetite, and towards fairness to those not charged with any crime.”
Read the full article here.
The war in Ukraine, solicitors and the rule of law
May 29 2023
The Online Safety Bill and the Criminalisation of Senior Managers
May 27 2023
Could a change of disclosure regime help the SFO’s disclosure headache
May 25 2023