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Media: Prosecuting Cases Where Public Servants Have Disclosed Confidential Information to Journalists

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This CPS prosecution guidance covers the legal framework and considerations for prosecuting public servants who disclose confidential information to journalists. It emphasizes the balance between press freedom and the safeguarding of confidential information. It outlines potential offences, protections for journalists' sources, and public interest factors that must be weighed in prosecution decisions. The guidance is aimed at ensuring that cases are handled with care regarding both the rights of journalists and the integrity of public office.

Key points

  • Clear public interest in protecting confidential information.
  • Freedom of press must be considered in prosecutorial decisions.
  • Prosecutions under the Official Secrets Act require prior consent from the Attorney General.
  • Public interest considerations can impact the evidential stage of cases.
  • Special protections exist for journalists' sources under domestic and European law.

Public-interest factors

  • Protection of whistleblowers
  • Integrity of public office holders
  • Public's right to know
  • Press freedom importance
  • Constitutional values
  • Proportionality of prosecution
Official Secrets Act 1989Theft ActsData Protection Act 2018Misconduct in Public Office
Read the full guidance on cps.gov.uk
Last reviewed: 11 November 2019 · Next review due: 11 May 2020

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.