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"I have concluded that there is evidence upon which a jury might find that there was damage to the proper functioning of the Home Office. Such damage should not be underestimated. However, it has to be recognised that some damage to the proper functioning of public institutions is almost inevitable in every case where restricted and/or confidential information is leaked.

I have concluded that the information leaked was not secret information or information affecting national security:

"It did not relate to military, policing or intelligence matters. It did not expose anyone to a risk of injury or death. Nor, in many respects, was it highly confidential. Much of it was known to others outside the civil service, for example, in the security industry or the Labour Party or Parliament. Moreover, some of the information leaked undoubtedly touched on matters of legitimate public interest, which were reported in the press."