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CPS reviews policy of prosecuting journalists over leaks by public officials CPS reviews policy of prosecuting journalists over leaks by public officials
(about 7 hours later)
The controversial policy to prosecute journalists over leaks from public officials is under urgent review by the Crown Prosecution Service, it has emerged.The controversial policy to prosecute journalists over leaks from public officials is under urgent review by the Crown Prosecution Service, it has emerged.
The decision to reconsider the trial or retrial of 10 tabloid journalists follows the court of appeal’s quashing of a conviction of a former News of the World journalist and a prison officer last Friday.The decision to reconsider the trial or retrial of 10 tabloid journalists follows the court of appeal’s quashing of a conviction of a former News of the World journalist and a prison officer last Friday.
In his ruling, the lord chief justice, said the judge in the case had misdirected the jury on the “seriousness” of the leaks and should have been more explicit about how misconduct could cross the line into criminality. In his ruling, the lord chief justice said the judge in the case had misdirected the jury on the “seriousness” of the leaks and should have been more explicit about how misconduct could cross the line into criminality.
The first of the eight trials lined up between now and the end of September involving these journalists was due to start this week.The first of the eight trials lined up between now and the end of September involving these journalists was due to start this week.
It was, however, adjourned at the Old Bailey on Tuesday after the crown asked to have until 24 April to consider the ramifications of the lord chief justice’s ruling for that case and others brought as a result of the Met’s Operation Elveden investigation into payments by newspapers.It was, however, adjourned at the Old Bailey on Tuesday after the crown asked to have until 24 April to consider the ramifications of the lord chief justice’s ruling for that case and others brought as a result of the Met’s Operation Elveden investigation into payments by newspapers.
Separately the CPS advised the lord chief justice it would not be seeking a retrial of the journalist whose conviction was quashed and who cannot be named for legal reasons. The journalist had been sentenced to six months in jail, suspended for a year, and ordered to do 150 hours unpaid community work.Separately the CPS advised the lord chief justice it would not be seeking a retrial of the journalist whose conviction was quashed and who cannot be named for legal reasons. The journalist had been sentenced to six months in jail, suspended for a year, and ordered to do 150 hours unpaid community work.
However, it will be seeking a retrial of the prison officer who was convicted to three and a half years for misconduct in public office.However, it will be seeking a retrial of the prison officer who was convicted to three and a half years for misconduct in public office.
The court of appeal decision to quash the conviction was a major setback for the CPS as it was the first guilty verdict they got in an Elveden case.The court of appeal decision to quash the conviction was a major setback for the CPS as it was the first guilty verdict they got in an Elveden case.
Another former News of the World journalist, Ryan Sabey, the only other journalist found guilty by a jury in Operation Elveden had his appeal dismissed by the lord chief justice but was given leave to apply again on other grounds. Another former News of the World journalist, Ryan Sabey, the only other journalist found guilty by a jury in Operation Elveden, had his appeal dismissed by the lord chief justice but was given leave to apply again on other grounds.
In a statement, the CPS said last week’s decision by the court of appeal did “not call into question the prosecution of the appellants concerned”.In a statement, the CPS said last week’s decision by the court of appeal did “not call into question the prosecution of the appellants concerned”.
However, it also confirmed its separate request for more time to consider the implications for Elveden trials.However, it also confirmed its separate request for more time to consider the implications for Elveden trials.
“We have also asked for an adjournment in the Operation Elveden trial due to start today in order to consider the wider implications of last week’s judgment on this case and others within Operation Elveden,” it said in a statement.“We have also asked for an adjournment in the Operation Elveden trial due to start today in order to consider the wider implications of last week’s judgment on this case and others within Operation Elveden,” it said in a statement.
Operation Elveden was launched in the wake of the hacking scandal that closed the News of the World, but has nothing to do with interception of voicemails.Operation Elveden was launched in the wake of the hacking scandal that closed the News of the World, but has nothing to do with interception of voicemails.
So far, just two journalists have been convicted in Elveden trials with 10 acquitted, seven scheduled for retrials and four journalists currently on trial.So far, just two journalists have been convicted in Elveden trials with 10 acquitted, seven scheduled for retrials and four journalists currently on trial.
Among the journalists brought to trial, and acquitted, were the Sun’s former editor Rebekah Brooks, deputy editor Geoff Webster, executive editor Fergus Shanahan, royal editor Duncan Larcombe and chief reporter John Kay.Among the journalists brought to trial, and acquitted, were the Sun’s former editor Rebekah Brooks, deputy editor Geoff Webster, executive editor Fergus Shanahan, royal editor Duncan Larcombe and chief reporter John Kay.
Kay successfully argued the leaks, which included revelations about shortages of equipment for British soldiers in Iraq and Afghanistan, and bullying in Deepcut Barracks were in the public interest. Kay successfully argued that the leaks, which included revelations about shortages of equipment for British soldiers in Iraq and Afghanistan, and bullying in Deepcut barracks, were in the public interest.
The majority of journalists have worked for the Sun, but reporters from other tabloids have also been tried or are about to go on trial including a former Mirror journalist Graham Brough who is currently on trial. The majority of journalists have worked for the Sun, but reporters from other tabloids have also been tried or are about to go on trial including a former Mirror journalist, Graham Brough, who is currently on trial.
Among those awaiting retrial are three current and former newsdesk staff at the Sun and a senior reporter.Among those awaiting retrial are three current and former newsdesk staff at the Sun and a senior reporter.
Almost 30 public officials including police, prison officers, health workers and an Ministry of Defence official have been jailed after pleading guilty to leaking information for cash. Almost 30 public officials including police, prison officers, health workers and a Ministry of Defence official have been jailed after pleading guilty to leaking information for cash.
In the case of the journalist whose conviction was quashed, the court of appeal found that the jurors should have been told to assess if the leaks amounted to “misconduct ... worthy of condemnation and punishment” or had harmed the public interest.In the case of the journalist whose conviction was quashed, the court of appeal found that the jurors should have been told to assess if the leaks amounted to “misconduct ... worthy of condemnation and punishment” or had harmed the public interest.