Police should consider disclosing the ethnicity and nationality of suspects when they are charged in high-profile and sensitive cases, new national guidance says.
Coming into force today, it says there must be a policing reason to release the information, such as where there are high levels of disinformation, if it will improve public safety, or if it is significantly in the public interest.
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A Home Office spokesperson told Sky News they will support the new guidance by authorising the release of relevant accompanying immigration information if appropriate.
The change comes after two men charged over the alleged rape of a 12-year-old girl in Nuneaton were reported to be Afghan asylum seekers, sparking protests.
Warwickshire Police did not confirm the immigration status, leading to Reform UK accusing them of a “cover-up”, something the force strongly denied.
Responding to the row, Home Secretary Yvette Cooper said last week she wanted police to be more transparent, and that new guidance was being worked up.
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How high-profile cases sparked debate
When considering what information to release, police must consider contempt of court laws which aim to give defendants a fair trial, as well as media guidance from the College of Policing.
Until now, the media guidance said once a suspect has been charged, police can give out information such as their name, date of birth and address. It did not mention anything about ethnicity, nationality, or immigration status.
The Southport murders committed by Axel Rudakubana last July led to speculation about his ethnicity and immigration status, fuelling riots in many parts of the country.
While the details were not initially released in that case, when a car ploughed into crowds celebrating Liverpool’s Premier League win earlier this year, Merseyside Police were quick to say the suspect was a white British man.
In the Nuneaton case, Reform leader Nigel Farage said retaining the “basic and sober facts” was “a cover-up that in many ways is reminiscent of what happened after the Southport killings”.
Warwickshire Police said officers “did not and will not cover up such criminality”, and followed national guidance.
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How will new guidance work?
The new guidance says it is at the discretion of the police force to decide whether to release ethnicity and nationality details, and that they must consider the ethical and legal implications.
It says it is not the job of police to verify a suspect’s immigration status, which rests with the Home Office.
The advice has been developed by the National Police Chiefs’ Council (NPCC) and the College of Policing, in consultation with the Home Office and the Crown Prosecution Service (CPS).
Deputy chief constable Sam de Reya, the NPCC lead for communications and media, said: “We saw during last summer’s disorder, as well as in several recent high-profile cases, what the major, real-world consequences can be from what information police release into the public domain.
“We have to make sure our processes are fit for purpose in an age of social media speculation and where information can travel incredibly quickly across a wide range of channels.
“Disinformation and incorrect narratives can take hold in a vacuum. It is good police work for us to fill this vacuum with the facts about issues of wider public interest.”
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‘A chilling message’
The guidance is interim, and will be considered as part of a wider review of the College of Policing’s authorised professional practice for media relations later this year.
Chief constable Sir Andy Marsh, the college’s CEO, said officers will continue to police “without fear or favour”.
But the guidance is likely to provoke backlash from anti-racism campaigners. Last week, the Joint Council for the Welfare of Immigrants warned that revealing ethnicity and migration status would “send a chilling message: that some people are inherently more ‘suspect'”.
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‘Public trust requires transparency’
A Home Office spokesperson told Sky News they welcome the new guidance, adding: “Public trust requires transparency and consistency from the authorities that serve them.”
They added: “The public, and police forces themselves, want greater clarity on when, why and how information is released and the legitimate and compelling reasons it may need to be withheld.
“The Home Office will support that effort by authorising the release of relevant accompanying immigration information in future cases, where it is appropriate to do so, and where the police have requested it. All cases will of course take account of consultation with the police and CPS.
“The government also asked the Law Commission at the end of February to speed up the elements of its review around the law of contempt in relation to what can be said publicly ahead of a trial.”
