Guidelines which apply when considering a charge

The Director of Public Prosecutions (DPP) undertook to produce the Crown Prosecution Service (CPS) Guidelines (Guidelines) when giving evidence on 8 February 2012 to the inquiry being conducted by Lord Justice Leveson into the Culture, Practices and Ethics of the Press. A public consultation was launched on 18 April 2012 and closed on 10 July 2012. The guidelines were issued by the DPP on 13 September 2012. The underlying principle emphasised by the CPS when publicising this guidance was that no journalist is above the law and no immunity can be given from prosecution.

The guidance for prosecutors on assessing the public interest in cases affecting the media (the Guidelines) can be found here.

The Guidelines are likely to be relevant when prosecutors are considering whether to charge journalists with criminal offences that may have been committed in the course of their work as journalists. They are also likely to be relevant when prosecutors are considering whether to charge others whose interaction with journalists may have involved the commission of a criminal offence.

The CPS has published further guidance following Operation Elvedon, the police investigation into the payment of corrupt public officials by journalists for information. This additional guidance addresses the factors to be considered when deciding whether to prosecute public officials, journalists or other parties for the common law