Is the fact that a person has been arrested and questioned under caution a fact that another person who is not involved has to keep confidential or is that person free to tell other people of this fact? Seems counter-intuitive to think that it is confidential as newspapers report matters such as the arrest of XXXXX XXXXX Travis, but is there a distinction in that he has been charged as well? This is really just a case of coming to know that a person was arrested and questioned and wondering if it is something that can be publicly repeated legally.
Jo, this is helpful. Can you cite any authority for your answer (i.e. an Act or SI)? This is not a XXXXX XXXXX Travis-type issue, really a case of whether anyone could object if a person told others that a third party (business competitor) had been arrested and questioned under caution (as opposed to being given a Formal Caution after admitting guilt). Thanks.
JoI did view your answers on line in real time at the time you answered. I even rated the three exchanges. You were responsive and expressed yourself clearly. You did not suggest that notwithstanding the view you took, care should be taken to avoid possible defamation or, so far as I recall, not risking contempt proceedings by prejudicing any prosecution... But that's just me trying to think around the issue. If I am mis-remembering your answer, I of course apologise. You did help me focus my thoughts which I appreciate. I would have been even happier had you been able to cite authority - such as a case where this was tested. But with an unwritten constitution and common law set by custom and precedent, it is possible that no such authority exists. I hope you find this helpful (and free!). Bill.