A CPS spokesperson said:
“As we said on 18 April, the CPS was passed a file relating to one journalist with relation to alleged offences under RIPA. The journalist in question is David Leigh of The Guardian and the request for advice related to an article he wrote on 4 December 2006 and the evidence he gave to the Leveson Inquiry on that subject.
“We have now considered this file and, although the investigation is not complete, the view has been taken that this is one of those rare cases in which it is clear that, prior to the collection and consideration of all the evidence, the public interest does not require a prosecution. The police have been advised accordingly. This advice was given under paragraph 4.2 of the Code for Crown Prosecutors and having considered the interim guidelines on assessing the public interest in cases affecting the media. In summary, the guidelines say that prosecutors should consider whether the public interest served by the conduct in question outweighs the overall criminality. If the answer is yes, it is less likely that a prosecution is required in the public interest.
“Prosecutors are only able to take such a decision when they are satisfied that the broad extent of the alleged criminality has been determined and that they are able to make a fully informed assessment of the public interest.
“This is not a charging decision based on a review of a full file of evidence, but is advice to the police before their investigation is complete. Whilst it is a matter for the police whether to continue any investigation, regardless of advice received, we understand the decision has been taken that no further action will be taken.”
