Statement from Alison Levitt QC, Principal Legal Advisor to the Director of Public Prosecutions:
On the 2 April 2012 the Crown Prosecution Service received a file of evidence from the Metropolitan Police Service requesting charging advice in relation to two suspects. The first is a serving Metropolitan Police Officer in the Operation Weeting team whose name is not in the public domain. He is currently suspended. The second suspect is Amelia Hill, a journalist who writes for The Guardian newspaper.
The allegation is that the police officer passed confidential information about phone hacking cases to the journalist.
All the evidence has now carefully been considered and I have decided that neither the police officer nor the journalist should face a prosecution. The following paragraphs explain the reasons for my decision. It is important to bear in mind that the question I have addressed is whether there is enough evidence resulting from the investigation to provide a realistic prospect of conviction and whether a prosecution is required in the public interest. Those are the tests set out in the Code for Crown Prosecutors issued by the Director of Public Prosecutions under the Prosecution of Offences Act 1985. It is not my function to make findings of fact and I have not done so. Both the police officer and Ms. Hill are entitled to be presumed innocent and that is the basis upon which I have approached this case.
In reaching my decision, I have applied the Interim Guidelines on assessing the public interest in cases affecting the media, which were recently published by the Director of Public Prosecutions.
The suspects have been considered separately, as different considerations arise in relation to each of them.
Between 4 April 2011 and 18 August 2011, Ms. Hill wrote ten articles which were published in The Guardian. I am satisfied that there is sufficient evidence to establish that these articles contained confidential information derived from Operation Weeting, including the names of those who had been arrested. I am also satisfied that there is sufficient evidence to establish that the police officer disclosed that information to Ms Hill.
I have concluded that there is insufficient evidence against either suspect to provide a realistic prospect of conviction for the common law offence of misconduct in a public office or conspiracy to commit misconduct in a public office.
In this case, there is no evidence that the police officer was paid any money for the information he provided.
Moreover, the information disclosed by the police officer, although confidential, was not highly sensitive. It did not expose anyone to a risk of injury or death. It did not compromise the investigation. And the information in question would probably have made it into the public domain by some other means, albeit at some later stage.
In those circumstances, I have concluded that there is no realistic prospect of a conviction in the police officer’s case because his alleged conduct is not capable of reaching the high threshold necessary to make out the criminal offence of misconduct in public office. It follows that there is equally no realistic prospect of a conviction against Ms. Hill for aiding and abetting the police officer’s conduct.
However, the information disclosed was personal data within the meaning of the Data Protection Act 1998 and I am satisfied that there is arguably sufficient evidence to charge both the police officer and Ms. Hill with offences under section 55 of that Act, even when the available defences are taken into account.
I have therefore gone on to consider whether a prosecution is required in the public interest. There are finely balanced arguments tending both in favour of and against prosecution.
Journalists and those who interact with them have no special status under the law and thus the public interest factors have to be considered on a case by case basis in the same way as any other. However, in cases affecting the media, the DPP’s Interim Guidelines require prosecutors to consider whether the public interest served by the conduct in question outweighs the overall criminality alleged.
So far as Ms Hill is concerned, the public interest served by her alleged conduct was that she was working with other journalists on a series of articles which, taken together, were capable of disclosing the commission of criminal offences, were intended to hold others to account, including the Metropolitan Police Service and the Crown Prosecution Service, and were capable of raising and contributing to an important matter of public debate, namely the nature and extent of the influence of the media. The alleged overall criminality is the breach of the Data Protection Act, but, as already noted, any damage caused by Ms. Hill’s alleged disclosure was minimal. In the circumstances, I have decided that in her case, the public interest outweighs the overall criminality alleged.
Different considerations apply to the police officer. As a serving police officer, any claim that there is a public interest in his alleged conduct carries considerably less weight than that of Ms Hill. However, there are other important factors tending against prosecution, including as already noted, the fact that no payment was sought or received, and that the disclosure did not compromise the investigation. Moreover, disclosing the identity of those who are arrested is not, of itself, a criminal offence. It is only unlawful in this case because the disclosure also breached the Data Protection Act.
In the circumstances, I have decided that a criminal prosecution is not needed against either Ms. Hill or the police officer.
However, in light of my conclusion that there is sufficient evidence to provide a realistic prospect of convicting the police officer for an offence under the Data Protection Act, I have written to the Metropolitan Police Service and to the IPCC recommending that they consider bringing disciplinary proceedings against him.