Pre-charge publicity

Last week, as I'm sure everyone knows by now, Michael Barrymore was arrested by police investigating the death six years ago of Stuart Lubbock. Two other men were arrested at the same time, but Barrymore's is the name that made the story 'news' and which has stuck in the public memory. No matter that a couple of days later two were released without charge, although still on police bail. Similarly in the 'cash for honours' case Lord Levy's name has been splashed across the headlines in the press and on television each time he is required to present himself to the police.

It is sometimes argued that this type of publicity impacts on these individuals' prospect of a fair trial, should a decision to prosecute ever be taken. I suspect that it does not, but another aspect concerns me. There is a popular if unreliable belief among the British people that 'there is no smoke without fire'. Even if no charges are ever laid, these two people and countless others will find their lives tainted by this publicity.

I have spent a great deal of time in Spain over the past twenty odd years. They handle things differently there. The arrest of suspects is reported just as it would be here. However, names are never used in advance of charges being laid. In the Spanish press you would read that a male MB (age) had been arrested in connection with investigations into the death of Stuart Lubbock, or that ML (age) had been arrested and interviewed in connection with the cash for honours investigation. To the vast majority of readers these initials would have no meaning, especially in the majority of cases where the suspect would be unknown outside their immediate community. Nevertheless the public interest - that police were pursuing a particular line of inquiry - is fully met.

If we accept that everyone is innocent until proved guilty, then it is surely appropriate that no one should be named as a suspect at least until they have been charged?