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Leveson inquiry: Theresa May and Michael Gove - live Leveson inquiry: Theresa May and Michael Gove - live
(40 minutes later)
12.19pm: May is asked whether certain newspapers can "excite" public opinion about immigration. She says newspaper opinion on immigration is varied so there is not one single theme.
12.14pm: "I don't see the relationship as quite the transactional relationship as you describe," May tells Jay, after the inquiry counsel asks whether both politician and journalist expected something out of their discussions. "It's about the responsibilities operated by the individuals," May adds.
12.13pm: Jay turns his focus to the relationship between politicians and journalists. May says she does not believe there is a "risk inherent" in the relationship.
12.07pm: May says she believes it is important to reinforce police integrity by installing "proper frameworks" for conduct with the media.
She adds that the government-introduced police and crime commissioner will bring a new layer of "democratic accountability" to police forces across the country.
12.05pm: May is asked about the differences in conduct between police officers and politicians and how they deal with the media. She notes that police officers do not have to campaign for re-election, as MPs do.
12.01pm: May says in her witness statement that she expressed "surprise and regret" to Sir Paul Stephenson over his resignation after he received hospitality from a Champneys health spa, but she did not attempt to dissuade him.
I expressed surprise because I'd already had a conversation that weekend with Sir Paul ... and he'd given no hint of a possible resignation and when he later called me to say he had resigned that was a surprising turn of events.
She goes on to praise Stephenson for his leadership of the Met.
11.57am: The question of relationships with media and integrity reached the point where May asked HMIC to look at integrity within Scotland Yard, the inquiry hears.
She clarifies that this was not specifically about the Met police's interactions with the media, but that the issue of hiring Neil Wallis's Chamy Media was of concern at the time.
11.55am: May endorses Filkin's recommendation of "permissable but conditional" relations between police officers and journalists.
11.51am: May says that senior police officers should have "a degree of media training".
This is being examined as part of ACPO's guidance, she adds.
11.49am: In briefing notes, May advised that all forces take note of Filkin's recommendations, not just the Metropolitan police. She says Filkin's report and the ACPO recommendations should be read in conjunction.
11.47am: May is asked about Elisabeth Filkin's report into contact between the press and police officers.
11.41am: May accepted Sir Dennis O'Connor's suggestions on police hospitality in a report to the home secretary on December 2011, Jay says.
11.39am: Jay moves forward to 5 October 2011.11.39am: Jay moves forward to 5 October 2011.
May says she was pleased to hear from Sir Denis O'Connor, Her Majesty's Chief Inspector of Constabulary, that instances of deliberate malpractice at were infrequent and not widespread.May says she was pleased to hear from Sir Denis O'Connor, Her Majesty's Chief Inspector of Constabulary, that instances of deliberate malpractice at were infrequent and not widespread.
11.35am: If you would like to watch today's hearing, there is a live stream on the Leveson inquiry website.11.35am: If you would like to watch today's hearing, there is a live stream on the Leveson inquiry website.
11.33am: Here is a short summary of May's evidence so far:11.33am: Here is a short summary of May's evidence so far:
• New 'commonsense' guidelines on contacts between the press and the police are being drawn up.• New 'commonsense' guidelines on contacts between the press and the police are being drawn up.
• May told Scotland Yard she was 'concerned' about its links to former News of the World deputy editor Neil Wallis in July 2011.• May told Scotland Yard she was 'concerned' about its links to former News of the World deputy editor Neil Wallis in July 2011.
• May did not read the September 2010 New York Times article on phone hacking.• May did not read the September 2010 New York Times article on phone hacking.
11.26am: The inquiry is now taking a short break.11.26am: The inquiry is now taking a short break.
11.24am: May received a briefing note in preparation for any links made between the government's hiring of Coulson and Wallis's employment by Scotland Yard, the inquiry hears.11.24am: May received a briefing note in preparation for any links made between the government's hiring of Coulson and Wallis's employment by Scotland Yard, the inquiry hears.
May was advised to respond that the government was not in charge of investigating allegations of wrongdoing at the News of the World (but Scotland Yard was).May was advised to respond that the government was not in charge of investigating allegations of wrongdoing at the News of the World (but Scotland Yard was).
11.22am: May is asked whether Stephenson felt he could not talk to her or any other minister about the Neil Wallis issue.11.22am: May is asked whether Stephenson felt he could not talk to her or any other minister about the Neil Wallis issue.
"I certainly don't recall any such conversation," May says."I certainly don't recall any such conversation," May says.
11.21am: Jay turns to a memo received by May on 18 July 2011 from a "Mr Timothy" raising questions that may be asked in the Commons about the resignation of Met commissioner Sir Paul Stephenson.11.21am: Jay turns to a memo received by May on 18 July 2011 from a "Mr Timothy" raising questions that may be asked in the Commons about the resignation of Met commissioner Sir Paul Stephenson.
11.17am: May received a reply from Scotland Yard but told them she "remained concerned" about its links to Wallis and was "disappointed" she had not been informed earlier.11.17am: May received a reply from Scotland Yard but told them she "remained concerned" about its links to Wallis and was "disappointed" she had not been informed earlier.
Asked why she took action at this time, May says: "We were in danger of that important relationship and confidence between public and police being damaged."Asked why she took action at this time, May says: "We were in danger of that important relationship and confidence between public and police being damaged."
11.13am: May wrote to the Met police commissioner on 14 July 2011 asking a series of questions about the force's links to Chamy Media, the PR firm set up by former News of the World executive Neil Wallis.11.13am: May wrote to the Met police commissioner on 14 July 2011 asking a series of questions about the force's links to Chamy Media, the PR firm set up by former News of the World executive Neil Wallis.
11.11am: May says there were growing concerns about the media regulation system in place in July 2011, but she believed that self-regulation was the way to deal with the media.11.11am: May says there were growing concerns about the media regulation system in place in July 2011, but she believed that self-regulation was the way to deal with the media.
The background to the prime minister announcing the Leveson inquiry was questions about the culture of the media as highlighted by the phone-hacking scandal, she adds.The background to the prime minister announcing the Leveson inquiry was questions about the culture of the media as highlighted by the phone-hacking scandal, she adds.
11.07am: May was briefed in July 2011 ahead of an appearance before the Commons home affairs select committee on the day after the Guardian broke the phone-hacking story on Milly Dowler.11.07am: May was briefed in July 2011 ahead of an appearance before the Commons home affairs select committee on the day after the Guardian broke the phone-hacking story on Milly Dowler.
11.06am: May was advised to note Watson's letter and not respond.11.06am: May was advised to note Watson's letter and not respond.
Jay says that Watson claimed in the letter that "a cleaner had been brought in to eradicate evidence", but did not expand other than to say these were allegations and "not hard evidence".Jay says that Watson claimed in the letter that "a cleaner had been brought in to eradicate evidence", but did not expand other than to say these were allegations and "not hard evidence".
11.04am: Jay takes May back to the phone-hacking timeline.11.04am: Jay takes May back to the phone-hacking timeline.
He says that on 23 June 2011 May was provided with advice on a letter the Labour MP Tom Watson had written to the head of the Met police investigation into phone hacking, DAC Sue Akers.He says that on 23 June 2011 May was provided with advice on a letter the Labour MP Tom Watson had written to the head of the Met police investigation into phone hacking, DAC Sue Akers.
11.03am: "Sometimes what is written can be frustrating, sometimes one might question its accuracy, but it's important to let that freedom take place," May says.11.03am: "Sometimes what is written can be frustrating, sometimes one might question its accuracy, but it's important to let that freedom take place," May says.
She adds that it is important for complainants to be able to get redress from newspapers.She adds that it is important for complainants to be able to get redress from newspapers.
11.02am: Leveson asks May whether she has formed views on a possible future framework for regulation of the press.11.02am: Leveson asks May whether she has formed views on a possible future framework for regulation of the press.
She says she has not, but warns against "state interference" of newspapers through a statutory body.She says she has not, but warns against "state interference" of newspapers through a statutory body.
11.01am: A free press is essential in a functioning democracy, May tells the inquiry.11.01am: A free press is essential in a functioning democracy, May tells the inquiry.
She says there has been a "growing concern" that the Press Complaints Commission does not do the job it was set up to do.She says there has been a "growing concern" that the Press Complaints Commission does not do the job it was set up to do.
10.58am: Jay suggests the issue was being "parked" and asks to what extent it was linked to the resignation of Coulson.10.58am: Jay suggests the issue was being "parked" and asks to what extent it was linked to the resignation of Coulson.
"Not at all," says May."Not at all," says May.
10.57am: May is asked why the government did not take active steps to establish whether a former prime minister's phone had been hacked.10.57am: May is asked why the government did not take active steps to establish whether a former prime minister's phone had been hacked.
She says that the police should be allowed to identify and contact those who had their phones hacked.She says that the police should be allowed to identify and contact those who had their phones hacked.
It was not felt necessary to take further action against News International before the police investigation was complete, she adds.It was not felt necessary to take further action against News International before the police investigation was complete, she adds.
10.54am: Jay moves forward to 10 March 2011, when May says that ministers took the view that phone hacking was under ongoing scrutiny by Scotland Yard.10.54am: Jay moves forward to 10 March 2011, when May says that ministers took the view that phone hacking was under ongoing scrutiny by Scotland Yard.
10.52am: Jay asks whether there was a national security element to the phone-hacking scandal, given that at least one former cabinet minister had been targeted.10.52am: Jay asks whether there was a national security element to the phone-hacking scandal, given that at least one former cabinet minister had been targeted.
May says it did not because the mobile phones targeted were not secure so "there should not be material security concern on those telephones". May says it was not because the mobile phones targeted were not secure so "there should not be material security concern on those telephones".
Pressed by Jay, May says that no restricted material is sent to or from mobile phones that are not secure.Pressed by Jay, May says that no restricted material is sent to or from mobile phones that are not secure.
She ads there would also be an understanding that matters of national security should not be discussed on unsecured telephones. She adds there would also be an understanding that matters of national security should not be discussed on unsecured telephones.
10.47am: In a note of the call between Godwin and May, as read by Jay, Godwin reassured the home secretary that the Operation Weeting investigation was under control and that it was important for Scotland Yard to conduct it, rather than an external force.10.47am: In a note of the call between Godwin and May, as read by Jay, Godwin reassured the home secretary that the Operation Weeting investigation was under control and that it was important for Scotland Yard to conduct it, rather than an external force.
10.44am: May had a conversation with acting Met police commissioner Tim Godwin on the telephone, says Jay.10.44am: May had a conversation with acting Met police commissioner Tim Godwin on the telephone, says Jay.
The home secretary went to see Alison Leavitt, the senior CPS official, the following week, the inquiry hears.The home secretary went to see Alison Leavitt, the senior CPS official, the following week, the inquiry hears.
Leavitt told May that the police had used a "very different definition of phone hacking" to the definition the CPS believed should now be the case.Leavitt told May that the police had used a "very different definition of phone hacking" to the definition the CPS believed should now be the case.
10.43am: Jay asks about the resignation of Andy Coulson, the No 10 director of communications and former News of the World editor, on 21 January 2011.10.43am: Jay asks about the resignation of Andy Coulson, the No 10 director of communications and former News of the World editor, on 21 January 2011.
10.42am: A file from the Met police on hacking allegations was sent to the CPS on 12 November 2010 after interviewing several journalists under caution.10.42am: A file from the Met police on hacking allegations was sent to the CPS on 12 November 2010 after interviewing several journalists under caution.
The director of public prosecutions advised that there was no admissable evidence against journalists.The director of public prosecutions advised that there was no admissable evidence against journalists.
May says she was aware that there was no further information forthcoming from the interviews with police.May says she was aware that there was no further information forthcoming from the interviews with police.
10.39am: The Guardian's Lisa O'Carroll has just tweeted:10.39am: The Guardian's Lisa O'Carroll has just tweeted:
New police guidelines on hospitality flashed up on Leveson screens. Based on principle of "blanket non-acceptabliity" of all giftsNew police guidelines on hospitality flashed up on Leveson screens. Based on principle of "blanket non-acceptabliity" of all gifts
— lisa o'carroll (@lisaocarroll) May 29, 2012— lisa o'carroll (@lisaocarroll) May 29, 2012
10.38am: Jay says it is clear that the issue of phone hacking had already become "highly politicised".10.38am: Jay says it is clear that the issue of phone hacking had already become "highly politicised".
May says debates in the House of Commons will always have political aspects, but her job is to look at the facts and make a decision based on that.May says debates in the House of Commons will always have political aspects, but her job is to look at the facts and make a decision based on that.
The decision was that police are investigating and it was up to them whether there was sufficient evidence to investigate further, she says.The decision was that police are investigating and it was up to them whether there was sufficient evidence to investigate further, she says.
10.36am: May says it is important that the police can complete their investigations, and then judgements can be made.10.36am: May says it is important that the police can complete their investigations, and then judgements can be made.
Jay suggests that a cogent body of evidence was emerging in September 2010 that warranted a further police investigation, including the "for Neville" email.Jay suggests that a cogent body of evidence was emerging in September 2010 that warranted a further police investigation, including the "for Neville" email.
May maintains that it is for the police, not the home secretary, to decide whether there is fresh evidence worthy of investigation.May maintains that it is for the police, not the home secretary, to decide whether there is fresh evidence worthy of investigation.
10.32am: The Guardian's Lisa O'Carroll has just tweeted:10.32am: The Guardian's Lisa O'Carroll has just tweeted:
Police banned from taking hospitality bar light refreshments and trivial gifts bannedunder interim ACPO guidelines unveiled at LevesonPolice banned from taking hospitality bar light refreshments and trivial gifts bannedunder interim ACPO guidelines unveiled at Leveson
— lisa o'carroll (@lisaocarroll) May 29, 2012— lisa o'carroll (@lisaocarroll) May 29, 2012
andand
Police also required to make a note of all meetings with journalists, under interim ACPO guidelines unveiled at #LevesonPolice also required to make a note of all meetings with journalists, under interim ACPO guidelines unveiled at #Leveson
— lisa o'carroll (@lisaocarroll) May 29, 2012— lisa o'carroll (@lisaocarroll) May 29, 2012
10.31am: May says the article "suggested there might be further evidence available" which is why her office asked the Met police to look into it.10.31am: May says the article "suggested there might be further evidence available" which is why her office asked the Met police to look into it.
10.30am: May says she saw reports of the New York Times article but did not read the piece itself.10.30am: May says she saw reports of the New York Times article but did not read the piece itself.
She says she felt it appropriate to make sure action was taken into the report, when asked why she did not ask to see it.She says she felt it appropriate to make sure action was taken into the report, when asked why she did not ask to see it.
May adds:May adds:
It's not for the home secretary to decide whether information that appears in a newspaper should be investigated.It's not for the home secretary to decide whether information that appears in a newspaper should be investigated.
10.28am: Jay turns to the police and phone-hacking allegations.10.28am: Jay turns to the police and phone-hacking allegations.
May confirms that she assumed office in May 2010 and the first time that the issue came across her radar was when the New York Times published a detailed article in September of that year.May confirms that she assumed office in May 2010 and the first time that the issue came across her radar was when the New York Times published a detailed article in September of that year.
10.27am: Leveson asks whether it is sufficient to note the general topic of a conversation rather than the content.10.27am: Leveson asks whether it is sufficient to note the general topic of a conversation rather than the content.
May says for the "vast majority" of discussions only an general topic note will be taken.May says for the "vast majority" of discussions only an general topic note will be taken.
10.26am: Our full story on the CPS's decision not to prosecute journalist Amelia Hill is now live. Dan Roberts writes:10.26am: Our full story on the CPS's decision not to prosecute journalist Amelia Hill is now live. Dan Roberts writes:
The Crown Prosecution Service has decided not to prosecute a police officer alleged to have passed information about the phone-hacking scandal to the Guardian during early stages of the inquiry.The Crown Prosecution Service has decided not to prosecute a police officer alleged to have passed information about the phone-hacking scandal to the Guardian during early stages of the inquiry.
There was also no action taken against Amelia Hill, a Guardian reporter interviewed under caution last September during the same investigation into leaks.There was also no action taken against Amelia Hill, a Guardian reporter interviewed under caution last September during the same investigation into leaks.
Previously, the police were widely criticised by press freedom campaigners for attempting to use the Official Secrets Act to force the Guardian to disclose details of its confidential sources.Previously, the police were widely criticised by press freedom campaigners for attempting to use the Official Secrets Act to force the Guardian to disclose details of its confidential sources.
Amelia is one of the two Guardian journalists who first revealed that Milly Dowler's phone was hacked by the News of The World.Amelia is one of the two Guardian journalists who first revealed that Milly Dowler's phone was hacked by the News of The World.
On Tuesday the CPS said there was "insufficient evidence for a realistic prospect of conviction on an allegation of misconduct in a public office". It added that it believed there was "sufficient evidence for a realistic prospect of conviction in relation to offences contrary to section 55 of the Data Protection Act" but that a prosecution for this is "not required in the public interest".On Tuesday the CPS said there was "insufficient evidence for a realistic prospect of conviction on an allegation of misconduct in a public office". It added that it believed there was "sufficient evidence for a realistic prospect of conviction in relation to offences contrary to section 55 of the Data Protection Act" but that a prosecution for this is "not required in the public interest".
A spokesperson for the Guardian said: "We welcome the Crown Prosecution Service's sensible decision to abandon this worrying attempt to criminalise legitimate contact between journalists and confidential sources. Nevertheless, the paper makes no comment on the validity of the Met police assertion that the officer it identified was Amelia's source in this case."A spokesperson for the Guardian said: "We welcome the Crown Prosecution Service's sensible decision to abandon this worrying attempt to criminalise legitimate contact between journalists and confidential sources. Nevertheless, the paper makes no comment on the validity of the Met police assertion that the officer it identified was Amelia's source in this case."
The CPS decision follows recently published guidelines on how to deal with cases involving the media, which were updated in April. These state that prosecutors should take into account whether there was "any element of corruption in the conduct in question" and whether the media conduct is "capable of disclosing that a criminal offence has been committed".The CPS decision follows recently published guidelines on how to deal with cases involving the media, which were updated in April. These state that prosecutors should take into account whether there was "any element of corruption in the conduct in question" and whether the media conduct is "capable of disclosing that a criminal offence has been committed".
"Journalists, and those who work with them, are not afforded special status under the criminal law, but the public interest served by their actions is a relevant factor in deciding whether they should be prosecuted in an individual case," said CPS director Keir Starmer."Journalists, and those who work with them, are not afforded special status under the criminal law, but the public interest served by their actions is a relevant factor in deciding whether they should be prosecuted in an individual case," said CPS director Keir Starmer.
"Under the guidelines, prosecutors are required to assess whether the public interest served by the conduct in question outweighs the overall criminality before commencing a prosecution. If so, a prosecution is less likely.""Under the guidelines, prosecutors are required to assess whether the public interest served by the conduct in question outweighs the overall criminality before commencing a prosecution. If so, a prosecution is less likely."
Amelia Hill has always maintained that she has never paid a police officer for information or obtained information corruptly. She was only interviewed by the police once, under caution, last September, and has never been arrested.Amelia Hill has always maintained that she has never paid a police officer for information or obtained information corruptly. She was only interviewed by the police once, under caution, last September, and has never been arrested.
Previous police attempts to pursue the alleged leaks from Operation Weeting using the Official Secrets Act were also implicitly criticised by the CPS and the director of public prosecutions last September who revealed they had not been consulted. At the time, the attempt was criticised by almost every national newspaper and many leading politicians.Previous police attempts to pursue the alleged leaks from Operation Weeting using the Official Secrets Act were also implicitly criticised by the CPS and the director of public prosecutions last September who revealed they had not been consulted. At the time, the attempt was criticised by almost every national newspaper and many leading politicians.
The Met later dropped its attempt to use the Official Secrets Act but said it would continue to investigate "unacceptable" leaks from Operation Weeting.The Met later dropped its attempt to use the Official Secrets Act but said it would continue to investigate "unacceptable" leaks from Operation Weeting.
10.24am: May says that different guidance on relations with journalists was being operated in different police forces.10.24am: May says that different guidance on relations with journalists was being operated in different police forces.
May says it is important that the new guidance does not usher in a "chilling effect" and that it brings common sense to the fore.May says it is important that the new guidance does not usher in a "chilling effect" and that it brings common sense to the fore.
10.23am: Jay turns to new guidance on relationships between journalists and police officers.10.23am: Jay turns to new guidance on relationships between journalists and police officers.
May says she welcomes ACPO's report in this area.May says she welcomes ACPO's report in this area.
Police will speak to journalists and journalists will speak to the police. There are a number of occasions where police may find it helpful to speak to journalists ... but this brings a clearer framework for police officers.Police will speak to journalists and journalists will speak to the police. There are a number of occasions where police may find it helpful to speak to journalists ... but this brings a clearer framework for police officers.
The ACPO guidance recommends an expectation that all contact between police officers and journalists be noted in some way.The ACPO guidance recommends an expectation that all contact between police officers and journalists be noted in some way.
10.21am: The Guardian editor-in-chief, Alan Rusbridger, has tweeted about the CPS's decision not to prosecute journalist Amelia Hill:10.21am: The Guardian editor-in-chief, Alan Rusbridger, has tweeted about the CPS's decision not to prosecute journalist Amelia Hill:
CPS confirm no payment sought or received. Public interest in stories outweighed any possible offence under DPA#levesonCPS confirm no payment sought or received. Public interest in stories outweighed any possible offence under DPA#leveson
— alan rusbridger (@arusbridger) May 29, 2012— alan rusbridger (@arusbridger) May 29, 2012
andand
CPS: information was confidential, but caused no harm to cops' inquiry."Damage minimal" & wd hv bn public domain anyway.CPS: information was confidential, but caused no harm to cops' inquiry."Damage minimal" & wd hv bn public domain anyway.
— alan rusbridger (@arusbridger) May 29, 2012— alan rusbridger (@arusbridger) May 29, 2012
andand
Summary: CPS seems to have applied its own sensible new guidelines re charging journalists bit.ly/I5x5BY#levesonSummary: CPS seems to have applied its own sensible new guidelines re charging journalists bit.ly/I5x5BY#leveson
— alan rusbridger (@arusbridger) May 29, 2012— alan rusbridger (@arusbridger) May 29, 2012
10.16am: Jay asks May about the ACPO guidance on gifts, gratuities and hospitality, which is being drafted.10.16am: Jay asks May about the ACPO guidance on gifts, gratuities and hospitality, which is being drafted.
He say the general move is towards non-acceptablilty, except in exceptional circumstances where such benefits are put in a register.He say the general move is towards non-acceptablilty, except in exceptional circumstances where such benefits are put in a register.
May says she welcomes the move towards greater consistency.May says she welcomes the move towards greater consistency.
10.14am: The Guardian's Lisa O'Carroll has just tweeted:10.14am: The Guardian's Lisa O'Carroll has just tweeted:
May written statement: I have received Acpo proposals on hospitality and will answer questions on this #levesonMay written statement: I have received Acpo proposals on hospitality and will answer questions on this #leveson
— lisa o'carroll (@lisaocarroll) May 29, 2012— lisa o'carroll (@lisaocarroll) May 29, 2012
10.12am: Here is the full statement from Alison Levitt QC, Principal Legal Advisor to the Director of Public Prosecutions, on the Crown Prosecution Service decision not to charge Guardian journalist Amelia Hill and a Metropolitan police officer over leak claims:10.12am: Here is the full statement from Alison Levitt QC, Principal Legal Advisor to the Director of Public Prosecutions, on the Crown Prosecution Service decision not to charge Guardian journalist Amelia Hill and a Metropolitan police officer over leak claims:
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.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.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.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.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.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 10 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.Between 4 April 2011 and 18 August 2011, Ms Hill wrote 10 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.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.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.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.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.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.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.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.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.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.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.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.
Alison Levitt QC,
Principal legal adviser to the DPP		Alison Levitt QC,
Principal legal adviser to the DPP
10.09am: Asked about policing in London, May says the Metropolitan police authority and chief constable will decide where to allocate resources in consultation with the Mayor's Office for Policing and Crime.10.09am: Asked about policing in London, May says the Metropolitan police authority and chief constable will decide where to allocate resources in consultation with the Mayor's Office for Policing and Crime.
10.06am: The Guardian journalist Amelia Hill and a Metropolitan police officer will not face charges over leak allegations relating to Scotland Yard's phone-hacking investigation, the Crown Prosecution Service has announced.10.06am: The Guardian journalist Amelia Hill and a Metropolitan police officer will not face charges over leak allegations relating to Scotland Yard's phone-hacking investigation, the Crown Prosecution Service has announced.
May says if there is a strong feeling on the part of the home secretary, or an outcry from the public, the IPCC can be asked to investigate.May says if there is a strong feeling on the part of the home secretary, or an outcry from the public, the IPCC can be asked to investigate.
10.06am: Jay asks May about the IPCC.10.06am: Jay asks May about the IPCC.
She says it is independent and decides what and how to investigate. However, she can ask the body to undertake particular pieces of work.She says it is independent and decides what and how to investigate. However, she can ask the body to undertake particular pieces of work.
10.03am: Jay asks May about her role as head of the police force.10.03am: Jay asks May about her role as head of the police force.
She says she sets the policy background, but funding for individual operational areas such as counter-terrorism is a matter for the police.She says she sets the policy background, but funding for individual operational areas such as counter-terrorism is a matter for the police.
10.01am: The home secretary, Theresa May, has taken the witness stand.10.01am: The home secretary, Theresa May, has taken the witness stand.
Robert Jay QC, counsel to the inquiry, is leading the questioning.Robert Jay QC, counsel to the inquiry, is leading the questioning.
9.56am: Esther Addley continues:9.56am: Esther Addley continues:
Bag searches at door to court for first time and special branch chaps at rear, where intruder got in #LevesonBag searches at door to court for first time and special branch chaps at rear, where intruder got in #Leveson
— esther addley (@estheraddley) May 29, 2012— esther addley (@estheraddley) May 29, 2012
andand
May has just arrived, with entourage of seven #LevesonMay has just arrived, with entourage of seven #Leveson
— esther addley (@estheraddley) May 29, 2012— esther addley (@estheraddley) May 29, 2012
9.53am: The Guardian's Esther Addley has just tweeted:9.53am: The Guardian's Esther Addley has just tweeted:
Beefed up security at #Leveson today following Blair debacle yday. Theresa May and Michael Gove today's star turnsBeefed up security at #Leveson today following Blair debacle yday. Theresa May and Michael Gove today's star turns
— esther addley (@estheraddley) May 29, 2012— esther addley (@estheraddley) May 29, 2012
9.49am: Good morning and welcome to the Leveson inquiry live blog.9.49am: Good morning and welcome to the Leveson inquiry live blog.
The education secretary Michael Gove, a longstanding friend and admirer of Rupert Murdoch, will give evidence today alongside his cabinet colleague, the home secretary Theresa May.The education secretary Michael Gove, a longstanding friend and admirer of Rupert Murdoch, will give evidence today alongside his cabinet colleague, the home secretary Theresa May.
Gove, a former Times journalist, has publicly described Murdoch as a "great man" and "force of nature". Last month, Murdoch praised Gove's "distinguished record" as a Times journalist and revealed that the pair had discussed the prospect of News International opening an academy school in east London.Gove, a former Times journalist, has publicly described Murdoch as a "great man" and "force of nature". Last month, Murdoch praised Gove's "distinguished record" as a Times journalist and revealed that the pair had discussed the prospect of News International opening an academy school in east London.
Government records show that Gove had 11 meetings with senior News Corp figures between the May 2010 general election and July 2011.Government records show that Gove had 11 meetings with senior News Corp figures between the May 2010 general election and July 2011.
Earlier this year he became the first minister to speak out about the danger of freedom of speech being harmed by the "chilling atmosphere" created by the Leveson inquiry. He also expressed admiration for the launch of the Sun on Sunday, saying: "Whenever anyone sets up a new newspaper – as Rupert Murdoch has with the Sun on Sunday – they should be applauded and not criticised."Earlier this year he became the first minister to speak out about the danger of freedom of speech being harmed by the "chilling atmosphere" created by the Leveson inquiry. He also expressed admiration for the launch of the Sun on Sunday, saying: "Whenever anyone sets up a new newspaper – as Rupert Murdoch has with the Sun on Sunday – they should be applauded and not criticised."
Theresa May is likely to be quizzed about police handling of phone-hacking allegations after she became home secretary in May 2010.Theresa May is likely to be quizzed about police handling of phone-hacking allegations after she became home secretary in May 2010.
May is expected to be asked whether some politicians, senior Scotland Yard officers and media executives were too close.May is expected to be asked whether some politicians, senior Scotland Yard officers and media executives were too close.
The inquiry begins at 10am.The inquiry begins at 10am.
Please note that comments have been switched off for legal reasons.Please note that comments have been switched off for legal reasons.