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Bedfordshire Police and Crime Commissioner to face no further action over alleged disclosure of sensitive information

17/09/2014

Luke Bulpitt, a specialist prosecutor with the CPS Special Crime and Counter Terrorism Division, said: “In August 2014, the Independent Police Complaints Commission (IPCC) asked the CPS to consider whether Olly Martins, Bedfordshire’s Police and Crime Commissioner (PCC), should face a charge of misconduct in public office.

"This followed an allegation that Mr Martins made an unauthorised disclosure to his partner, when they were at home, of sensitive information passed to him in his role as PCC.

"After careful consideration and a review of the evidence in accordance with the Code for Crown Prosecutors, the CPS has decided that there is insufficient evidence for a realistic prospect of conviction.

"In any case of misconduct in public office, we would have to show that any disclosure of information was serious enough to amount to an abuse of the public's trust, particularly regarding the extent and likely consequences of the disclosure. The evidence is not sufficient to establish this.

"As a result, we have advised the IPCC that no further criminal action should be taken.

"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."

Ends

Notes to Editors

  1. 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.
  2. This assessment is based on the evidence available arising out of the IPCC 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.
  3. 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.
  4. For media enquiries call the CPS Press Office on 020 3357 0906; Out of Hours Pager 07699 781 926
  5. The CPS consists of 13 Areas in total, each headed by a Chief Crown Prosecutor (CCP). In addition, there are three national casework divisions: Specialist Fraud (formerly Central Fraud and Welfare, Rural & Health Divisions), Special Crime & Counter Terrorism and Organised Crime. CPS Direct is a 'virtual' 14th Area which provides charging decisions to all police forces and other investigators across England and Wales - it operates twenty-four hours, seven days a week, 365 days a year.
  6. At 31 March 2014 we employed a workforce of approximately 6237 staff (full time equivalent), including around 2226 prosecutors and 3629 caseworkers and administrators. Further information can be found on our website:  www.cps.gov.uk.
  7. The CPS, together with ACPO and media representatives, has developed a Protocol for the release of prosecution material to the media. This sets out the type of prosecution material that will normally be released, or considered for release, together with the factors we will take into account when considering requests. Read the Protocol for the release of prosecution material to the media.