Attorney General denies RGP request to prosecute former Police Commissioner for possible data breach

The Attorney General has denied a request from the RGP for a prosecution to be brought against the former Police Commissioner Ian McGrail for misconduct in public office and offences under the Data Protection Act 2004.

This is regarding data that Mr McGrail copied or caused to be copied onto a hard drive whilst he was still Commissioner and which he kept for over two years after leaving office.

Counsel in London has backed his decision on the grounds that proceeding would not be in the public interest.

In answer to GBC questions Michael Llamas KC confirmed he had addressed a request made to him for prosecution against Ian McGrail by John McVea, the then RGP's Senior Investigating Officer for a reported data breach in the McGrail Inquiry.

The Attorney General took independent legal advice from Counsel in London.  On a first issue the advice is that there's a realistic prospect of conviction for two breaches of section 175 of the Data Protection Act 2004 committed by Mr Ian McGrail, concerning obtaining and retaining data.

However, he was also advised that weighing the various public interest factors in question, the balance comes down against bringing a prosecution.

Michael Llamas says this is also the independent conclusion he had reached in respect to the public interest test.  

The Attorney General has therefore informed the RGP that he will not be instituting proceedings.