Recommendation DM-17: Statutory duty of candour for law enforcement
From The Report of the Daniel Morgan Independent Panel, published 15 June 2021.
Recommendation
The Panel recommends the creation of a statutory duty of candour, to be owed by all law enforcement agencies to those whom they serve, subject to protection of national security and relevant data protection legislation.
In brief (written by this site)
The Panel recommended creating a statutory duty of candour for all law enforcement agencies. In April 2025, Lord Ponsonby of Shulbrede, Parliamentary Under-Secretary of State at the Ministry of Justice, answered that the Government remains "fully committed to bringing legislation forward at pace", including a legal duty of candour for public servants, though national security and data protection legislation were not mentioned (Lord Ponsonby of Shulbrede, Apr 2025). Earlier, in a November 2023 factsheet, the Home Office and the department stated that an organisational duty of candour for chief officers would complement an existing statutory duty of cooperation for individual police officers (Home Office and Ministry of Justice, Nov 2023).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 1 Oct 2026. The record below is the sources' own words.
Government response
2.3.2. The Panel agreed with other independent inquiries, such as Bishop James Jones’ report on the experiences of the Hillsborough families, about the need for a duty of candour for public services, including the police. The government will address the points of learning related to a duty of candour as part of the full response to Bishop James Jones’s report. The government has committed to engaging with the Hillsborough families prior to publication of its full response.
Delivery
Ministry of Justice says in progress (22 April 2025)
Yes, the Government are very clear: we remain fully committed to bringing legislation forward at pace, which will include a legal duty of candour for public servants and criminal sanctions for those who refuse to comply with that duty of candour.
From: Hillsborough Law (oral question), House of Lords
Site note: This is the Minister's reply, in a debate called on the Hillsborough law, to a question put by Baroness O'Loan, who chaired the Daniel Morgan Independent Panel, expressly on this recommendation. Her question is on the same page and quotes the June 2023 government response back to the Government. The question is the questioner's words, so it is not in the row.
Home Office says in progress (22 November 2023)
A duty of candour for policing has also formed part of recommendations made by other bodies. Notably, the report of the Daniel Morgan Independent Panel, published in June 2021, which considered the police handling of the investigation into the murder of Daniel Morgan in 1989. In February 2020 the Home Office introduced a statutory duty of cooperation for individual police officers as part of wider integrity reforms. Police officers now have a responsibility to give appropriate cooperation during investigations, inquiries and formal proceedings, participating openly and professionally in line with the expectations of a police officer when identified as a witness. An organisational duty of candour, aimed at chief officers and requiring them to ensure an ethical culture in the forces they lead, will complement the existing requirements on individual officers.
From: Criminal Justice Bill: Police integrity (Criminal Justice Bill 2023: factsheets)
Site note: The Home Office and Ministry of Justice factsheet on police integrity for the Criminal Justice Bill 2023, added to GOV.UK on 22 November 2023. It describes what the Bill introduced for policing (a code of practice on ethical policing, including a duty of candour, issued by the College of Policing); it does not say the recommendation has been met. The page shows "Updated 23 February 2024" because other factsheets in the set were changed that day.
Source
Responsible bodies
Themes and tags
Who has spoken
- Home Office
Response, delivery statement - Ministry of Justice
Delivery statement