Gregor McGill, a senior lawyer at the Crown Prosecution Service, said,
“In April 2014 the CPS received a file as part of Operation Tuleta. The file concerned allegations against two individuals of perverting the course of justice and perjury, and an additional allegation of unauthorised access to computer material against the second individual. In relation to the allegations of perjury and perverting the course of justice, it has been decided that no further action should be taken, as there was insufficient evidence for a realistic prospect of conviction for any offence.
“Any decision by the CPS does not imply any finding concerning guilt or criminal conduct; the CPS makes decisions only according to the test set out in the Code for Crown Prosecutors and it is applied in all decisions on whether or not to prosecute.
“In relation to the allegation of unauthorised computer access, that individual has been cautioned for an offence contrary to Section 1 of the Computer Misuse Act 1989.
“The evidence was considered carefully in accordance with the Code for Crown Prosecutors and the DPP’s guidelines on the public interest in cases affecting the media.
“In accepting a caution an individual accepts responsibility for the offending set out.”
For editors: The CPS's function is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors.
This assessment is based on the evidence available arising out of the police investigation and not on the evidence that is likely to be gathered by the defence, and likely to be used to test the prosecution evidence. The CPS charging decision is therefore necessarily an assessment on the basis of the evidence that is available to the CPS at the time the decision is made.
CPS prosecutors must also keep every case under review, so that they take account of any change in circumstances that occurs as the case develops, including what becomes known of the defence case. If appropriate, the CPS may change the charges or stop a case.