When does the RCMP release names of individuals who face charges? You have questions, we have answers.
Recently, some of our followers on social media have commented with questions surrounding the release of the name of a person who is charged or facing charges. RCMP NL wants to ensure the public is aware of the guidelines that are followed surrounding the release of the name of an accused individual.
In order for police to release the name of an individual accused of an offence, the charge must be sworn/laid before the court. A document, called an information, must be filed within the court to formally charge an individual. The person's name and charges are then uploaded to the Provincial Court docket and become public information, visible to anyone.
When persons are arrested by police, there are three possible outcomes to their release:
- Without charge;
- Released by police with charges pending and a future court appearance; and
- Brought to the court with charges laid, with the Judge deciding on release of the individual and a future court appearance.
If a person is released without a charge, no name is released.
If a person is released by police with a future court date, generally, charges are not laid at that time. In this case, charges are considered pending and the name of the individual is not public information. Police are not permitted to name the individual. Police must ensure the charges are laid before the first court appearance.
If a person is brought before the court, the charge must be sworn/laid for the person to be seen by a Judge. In this case, the name of the individual becomes public information, visible to all on the Provincial Court docket. Police are then permitted to release the name.
There are exceptions where names are not released, including all youth who are protected under the Youth Criminal Justice Act. In addition, the court may issue a publication ban in certain cases which prevents police from releasing the name of the accused.
RCMP NL does not use factors such as gender, race or ethnicity in naming individuals under charge.