Police forces across Britain must now consider disclosing the ethnicity and nationality of suspects charged in high-profile cases following new national guidance aimed at stopping the spread of disinformation. The dramatic shift in transparency rules comes after Nigel Farage accused Warwickshire Police of a “cover-up” over two Afghan asylum seekers charged with the rape of a 12-year-old girl.
The interim guidance, which came into force today, states there must be a “policing reason” to release the information, such as tackling high levels of disinformation or improving public safety. Home Secretary Yvette Cooper said last week she wanted police to be more transparent following the controversy over the Nuneaton case.
A Home Office spokesperson confirmed they will support the new guidance by authorising the release of immigration information “if appropriate” when requested by police forces.
Nuneaton Case Sparked National Debate
The change follows intense criticism after Ahmad Mulakhil, 23, and Mohammad Kabir, 23, were charged over the alleged rape of a 12-year-old girl in Nuneaton last month. Both men are reportedly Afghan asylum seekers, with at least one said to have arrived in the UK by small boat.
Warwickshire Police initially refused to confirm the immigration status of the suspects, prompting Reform UK leader Nigel Farage to accuse them of a “cover-up” reminiscent of the Southport killings. The force strongly denied the allegations, insisting they followed national guidance.
George Finch, the 19-year-old Reform UK leader of Warwickshire County Council, claimed police and officials had been “hushing it up” to avoid an “Epping situation” – referring to protests at asylum seeker accommodation in Essex.
In a letter to the Home Secretary, Finch warned: “The continued cover-up of the true nature of Ahmad Mulakhil’s immigration status risks public disorder breaking out on the streets of Warwickshire.
Police Can Now Release Key Details
Under the new guidance from the National Police Chiefs’ Council (NPCC) and College of policing, forces should disclose suspects’ ethnicity and nationality when there is a clear policing purpose. This includes situations where:
- It would reduce risk to public safety
- There are high levels of mis or disinformation about an incident
- It is significantly in the public interest
- False narratives are spreading on social media
Deputy Chief Constable Sam de Reya, NPCC lead for communications, 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.
She added: “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.
Southport Murders Changed Everything
The guidance represents a significant shift following the Southport murders committed by Axel Rudakubana last July. Speculation about his ethnicity and immigration status fuelled riots across the country after police initially withheld the details.
In contrast, when a car ploughed into crowds celebrating Liverpool’s Premier League win earlier this year, Merseyside Police quickly announced the suspect was a white British man to prevent false rumours spreading.
Policing minister Dame Diana Johnson welcomed the guidance, telling Sky News: “We want to be as transparent and as open as possible with the public” – including releasing ethnicity and nationality unless there is “good reason not to.
The decision on whether to release information remains at the discretion of individual police forces, who must consider ethical and legal implications including contempt of court laws.
Immigration Status Remains Home Office Territory
Crucially, the guidance reaffirms it is not the police’s job to verify suspects’ immigration status – that responsibility rests with the Home Office. Forces can request confirmation from the Home Office, who will then decide if it’s appropriate to release the information.
A Home Office spokesperson said: “Public trust requires transparency and consistency from the authorities that serve them. 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.
The guidance is interim and will be reviewed as part of wider changes to the College of Policing’s media relations practice later this year. A public consultation is expected to follow.
Farage Claims Victory Against ‘The Blob’
At a Westminster press conference on Monday, Farage declared: “I’ve been wondering for over a year whether the truth was being withheld from the British public. It is not in the public interest to hide basic facts.”
He compared the Warwickshire case to the grooming gang scandals, saying: “It has shades of the same mentality at a local level that led to Rotherham turning a blind eye and not telling the British public the truth.
Council leader Finch, who appeared alongside Farage, said he had been threatened with contempt of court charges if he revealed the suspects’ immigration status. “We are the last line of defence against the blob, the cover-ups of the councils, and we have to fight every step of the way,” he declared.
Warwickshire Police Chief Constable Alex Franklin-Smith hit back at the accusations, insisting the force “did not and will not cover up such criminality” and had followed national guidance throughout.
Critics Warn of ‘Chilling Message’
The new 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’.
Former Metropolitan Police chief superintendent Dal Babu described it as a “damned if you do, damned if you don’t” situation, warning that expectations to disclose could spark speculation when information is withheld.
Several Labour MPs from the left of the party expressed dismay, with one telling ITV News: “I’m all for transparency in government. But publishing suspects’ ethnicity in this climate? That’s a dangerous road to go down.”
Protests Follow Nuneaton Charges
The Nuneaton case has already sparked protests in the Warwickshire town, with hundreds marching last weekend amid claims of a cover-up. Counter-protesters also gathered as police maintained a heavy presence.
Both suspects in the case live in Houses of Multiple Occupation (HMOs) managed by Serco under a multi-billion-pound Home Office contract to house asylum seekers. Mulakhil was charged with rape while Kabir faces charges of kidnap, strangulation and aiding and abetting rape.
The victim, who cannot be identified for legal reasons, is receiving specialist care following the attack in the Cheveral Street area on 22 July.
Forces Must Balance Transparency and Fair Trials
Chief Constable Sir Andy Marsh, CEO of the College of Policing, said officers will continue to police “without fear or favour” under the new guidance. He emphasised the need to balance transparency with protecting suspects’ rights to fair trials.
The public remains concerned about mis and disinformation so this interim guidance provides clarity that police can disclose the ethnicity and nationality of suspects when they are charged in high profile and sensitive investigations,” he said.
Emily Spurrell of the Association of Police and Crime Commissioners welcomed the move, stating: “We have seen the speed with which mis or disinformation can spread online and the danger to public safety that can cause.
The government has also asked the Law Commission to accelerate its review of contempt of court rules to provide more flexibility over what information can be shared without jeopardising trials.
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Image Credit (Shortened):
Nigel Farage speaking at a “Liberty for Trump” event (Tempe, Arizona, 27 Oct 2020) – by Gage Skidmore, licensed under CC BY‑SA 2.0, via Wikimedia Commons.
