Recommendation DM-7: CPS guidance on disclosure for profit
From The Report of the Daniel Morgan Independent Panel, published 15 June 2021.
Recommendation
It is recommended that the Crown Prosecution Service's additional guidance should be amended to include a requirement that the Prosecutor should consider whether the information was disclosed with a view to one or both parties securing future profit from the use of that material. Moreover, the additional guidance should also be amended to note that the advantage to the parties disclosing the document(s) may not be purely financial but, as in the case of former DCS David Cook and Michael Sullivan, could be reputational and could have improved their employability in the future.
In brief (written by this site)
The Home Office stated in June 2023 that the Crown Prosecution Service had updated its guidance in February 2022, setting out a list of factors to consider when assessing a suspect's overall criminality and motivation, including confirmation that advantage "need not be financial but could include other forms of anticipated personal gain" (Home Office response, Jun 2023). The record holds no update since the Home Office's response of June 2023 (Home Office response, Jun 2023).
Sources
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
2.4.8. The Panel recommended that the CPS issue additional guidance around disclosure of material likely to result in future profit. The CPS has updated its guidance and this was published on 16 February 2022. The guidance sets out a list of non-exhaustive factors to be considered when assessing the overall criminality of a suspect, including their motivation, and now includes confirmation that advantage need not be financial but could include other forms of anticipated personal gain.
No formal government response published. The CPS amended its guidance, ‘Media: Assessing the Public Interest in Cases Affecting the Media’, updated 16 February 2022, but has not stated that the amendment was made in response to this recommendation.
Delivery
No statement on delivery from Crown Prosecution Service has been found in the sources searched (last checked 30 January 2026). This is separate from the response above.
Source
Responsible bodies
Themes and tags
Who has spoken
- Home Office
Response - Crown Prosecution Service
Response