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Identification of a Suspect before Being Charged
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This thesis addresses the long history of conflict betweenthe media and the judiciary over pre-trial publicity. In particularit concentrates on the \'grey\' area concerning the identificationin the media of a suspect before the judicial process begins. Thelaw of contempt as it stands does not prohibit the naming ofsuspects, although the media do risk defamation proceedings shouldthe suspect be acquitted or if charges are not preferred for onereason or other. The absurdity in allowing the media to disseminatehighly prejudicial information, such as revelations concerningprior criminal records or confessions, at the pre-charge stage butnot at the time charges are laid or when any subsequent trial isheld, would seem to demonstrate an anomaly in sub judice contemptlaw that is in urgent need of reform. Therefore this thesis arguesthere should be a change in the law of sub judice contempt makingit an offence for a media outlet to publich the fact that a personis under investigation until that person is charged and hasappeared in court.
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