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Decision to Charge

Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

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Operation Elveden - Clodagh Hartley, Jonathan Hall and Marta Bukarewicz are charged

14/05/2013

Gregor McGill, a senior lawyer with the Crown Prosecution Service, whose team handles CPS decision making and potential prosecutions in relation to the on-going phone hacking investigations and other related matters, said: "This statement is made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Elveden, which is the Metropolitan Police's investigation into allegations involving the unlawful provision of information by public officials to journalists.

"This announcement relates to a file of evidence from the Metropolitan Police Service that was received by the CPS on 14 March 2013.

"We have concluded, following a careful review of the evidence, that Clodagh Hartley, a journalist at the Sun newspaper, Jonathan Hall, employed as a Press Officer at Her Majesty's Revenue and Customs (HMRC) and Marta Bukarewicz, partner of Mr Hall and not a public official, should be charged with conspiracy to commit misconduct in public office.

"It is alleged that between 30 March 2008 and 15 July 2011 The Sun newspaper paid £17,475 to Jonathan Hall, mostly via Marta Bukarewicz, in exchange for the unauthorised disclosure of information obtained as a result of his employment with HMRC.

"The information provided included details about government plans, including upcoming but as yet unannounced spending and policy decisions relating to the 2010 Budget and the coalition government's deficit reduction plans. Information also related specifically to policy and decision-making within HMRC, including that relating to job losses and casework.

"All of these matters were considered carefully in accordance with the DPP's guidelines on the public interest in cases affecting the media. This guidance asks prosecutors to consider whether the public interest served by the conduct in question outweighs the overall criminality before bringing criminal proceedings.

"Accordingly, we have authorised the institution of proceedings and all three individuals will appear before Westminster Magistrates' Court on 29 May 2013.

"May I remind all concerned that proceedings for a criminal offence involving these three individuals will now be commenced and that each has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice that trial. For these reasons it would be inappropriate for me to comment further."

The full charge is as follows:

Between 30 March 2008 and 15 July 2011, Jonathan Hall, Marta Bukarewicz and Clodagh Hartley conspired together to commit misconduct in a public office.

Ends

Notes to Editors

  1. For media enquiries call the CPS Press Office on 020 3357 0906; Out of Hours Pager 07699 781 926
  2. The DPP has set out what the public can expect from the CPS in the Core Quality Standards document published in March 2010.
  3. The CPS consists of 13 Areas in total, each headed by a Chief Crown Prosecutor (CCP). In addition, there are three specialised national divisions: Central Fraud Division, Special Crime and Counter Terrorism, and Organised Crime. In 2011-2012, The Department for Environment, Food and Rural Affairs (Defra), Department for Work and Pensions (DWP) and Department of Health (DoH) prosecution functions were transferred to the CPS. A telephone service, CPS Direct, provides out-of-hours advice and decisions to police officers across England and Wales.
  4. In 2010-2011 the CPS employed around 7,745 people and prosecuted 957,881 cases with 116,898 of these in the Crown Court, and the remaining 840,983 in the magistrates' courts. Of those we prosecuted, 93,106 defendants were convicted in the Crown Court and 727,491 in the magistrates' courts. In total 86% of cases prosecuted resulted in a conviction. Further information can be found on the CPS website.
  5. 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.