Guidance on former officer's publishing books

Freedom of information request reference no: 01.FOI.23.028382

I note you seek access to the following information:

Hello. I am interested in the guidance for former officer's publishing books. I am enquiring if an officer who resigned 17 years ago would have any restrictions on self publishing a book and exactly what the guidelines are.

I am aware there is guidance whilst in service but I would like to know exactly what the guidance is for someone who resigned 17 years ago. If you could highlight the dos and donts... Many thanks and I look forward to hearing from you.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

I have been advised that this policy is in the process of being revised.

Annex B - Guidelines to Serving and Former Officers and Police Staff Intending to Publish Memoirs of Their Police Service Experiences

The Commissioner discourages the publication of memoirs by officers and staff, serving and retired. The possibility that colleagues may in future comment upon high profile events or disclose confidential communications can inhibit free and frank discussion, harm operational efficiency and undermine confidence in the police service.

Serving officers and staff are subject to the business interests SOP – see paragraph 9 below. Also, retired and serving NPCC officers are subject to the terms of their agreement with the MPS (see terms and conditions below). All officers and staff are legally subject to implied duties of confidentiality in relation to matters of which they become aware during their service with the MPS.

The Commissioner and the MOPAC reserve their rights to take legal action in respect of any publication, or to support legal action by any officer or member of staff adversely affected by publication.

Where, nevertheless, memoirs or similar documents are to be published the Commissioner expects them to be submitted for public interest clearance. The purpose of such clearance is limited only to checking whether there are any obvious public interest considerations such as the potential to interfere with a current or future criminal trial, risk of identification of Covert Human Intelligence Sources (CHIS) or risk to life or personal injury to officers, staff or members of the public.

Draft publications should be submitted to the private office of the Deputy Commissioner. They will select the senior officer(s) or member(s) of staff best placed to advise on the public interest considerations. They may obtain legal advice from the Directorate of Legal Services. The content of the draft will be kept confidential except to the extent necessary to protect the public interest or, exceptionally, where it is considered necessary to disclose the content to a current or former officer or member of staff who might be affected by publication, in order to protect their welfare.

Those considering publishing such material should take their own legal advice before doing so. The MPS will not provide advice on potential defamation, unlawful release of information or other civil or criminal liabilities that may arise. It is not the MPS' responsibility to verify or comment on the accuracy or otherwise of the proposed draft. It is the responsibility of the person writing their memoirs to ensure they comply with their legal duties including:

Breach of confidence: Police officers and staff receive much confidential information. Some of this may be obtained in the course of the investigation of crime. Other such information may relate to the organisation, management or individuals of the Metropolitan Police, national policing, government or international affairs. All may be subject to legal duties to maintain the confidentiality. That means that the information may not be disclosed without the permission of the person or organisation concerned; and

• information received by officers and staff may also be subject to statutory duties preventing disclosure, for example under the Official Secrets Act, Data Protection Act or Regulation of Investigatory Powers Act - such duties continue after the officer or member of staff leaves the MPS, so references in these guidelines to officers and staff include former officers and staff.

On occasion, a request may be made for confirmation of the historical accuracy of non-contentious facts. For example, a request might be made for a diary check to ascertain the correct date that an event occurred. At the discretion of the Commissioner, or a person delegated on his behalf, such information may be provided.

Terms of conditions

NPCC officers are required by the terms of their contracts to supply the Deputy Commissioner with drafts before publication. Such drafts will be treated as submitted under paragraph 2 above.

The writing of books or other publications by serving members about their policing/work experiences may be considered to be an incompatible business interest. Each case will be considered on its particular facts and will take into account an individual's rights to freedom of expression. Information will be required as to the proposed content of the book sufficient to enable a decision as to compatibility to be made. A condition may be imposed that a copy of the book is provided for approval before publication or distribution to a third party.