Dominic Grieve and CPS would assess whether Official Secrets Act case would be in public interest before it went ahead The attorney general’s office has said he would rule on whether a prosecution of the Guardian under the Official Secrets Act was in the public interest before a case could proceed. A spokesman said on Monday that Dominic Grieve would liaise with the Crown Prosecution Service to assess whether there is sufficient evidence that the act had been breached and whether such a step would be in the public interest. “It is a matter for the police to decide how best to carry out any investigation,” he said. “If the police provide evidence that would support a charge under section 5 of the Official Secrets Act the attorney general’s consent would be required. “If that stage is reached, the attorney general, with the DPP, will consider whether there is sufficient evidence and whether the public interest is in favour of bringing a prosecution.” Scotland Yard’s decision to use the act as part of its bid to force Guardian journalists including Nick Davies and Amelia Hill, who revealed that Milly Dowler had her phone targeted by the News of the World, to reveal their sources has been condemned by rival newspapers and senior politicians. Alan Rusbridger, the Guardian’s editor-in-chief, has said the paper will resist the attempt by the Metropolitan police to reveal its sources “to the utmost”. Scotland Yard applied for a production order last week against the Guardian “in order to seek evidence of offences connected to potential breaches relating to misconduct in public office and the Official Secrets Act”. A senior investigating officer applied for the production order under the Police and Criminal Evidence Act, citing potential breaches of the Official Secrets Act, the force said. Actor Hugh Grant, who has become one of the most high-profile figures to campaign against phone hacking and media intrusion of privacy, on Sunday condemned police efforts to force journalists to disclose confidential sources, saying Scotland Yard’s decision was “worrying and deeply mysterious” . Liberal Democrat MP Don Foster, the party’s culture spokesman, also on Sunday said Grieve should use his discretion to rule that invoking the Official Secrets Act was not in the public interest . “I understand the attorney general has the opportunity to use this power,” Foster told the Guardian. “He should use it and say this is not in the public interest.” •