Caron Lindsay

CPS decision on election expenses charges due – a note of caution

By | Wed 10th May 2017 - 10:35 am

The CPS is due to announce at 11 am whether charges will be brought over the Conservatives’ expenses in the 2015 General Election. Whatever the outcome, we would urge extreme caution in what you say and write online regarding this.

From the BBC:

The CPS is considering files sent by police following investigations in up to 27 constituencies.

It relates to claims some campaigning costs in the 2015 general election were wrongly recorded.

The Conservative Party has insisted administrative errors were to blame rather than any intention to deceive.

And it has said some of the spending was correctly declared.

It is alleged the Conservatives spent tens of thousands of pounds on local campaigns – including on “battle bus” visits by activists – which were either not declared or were wrongly registered as national spending.

You might wish to refer to the Department of Justice’s Reporting restrictions guidance  in particular the Strict Liability Rule at 3.1 which is essential reading. You could be in a lot of trouble if you break it.

It says:

The Contempt of Court Act 1981 provides the framework for all reporting of criminal proceedings in England and Wales. Sections 1 and 2 of the Act create the strict liability rule, which makes it a contempt of court to publish anything to the public which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced, even if there is no intent to cause such prejudice. In practice this means that ignorance of the law or of the existence of a reporting restriction or its terms is no defence if contempt is committed.

Postings on social media are covered by this too so you should to stick to facts and not offer any other commentary. If you have the slightest doubt about whether what you are about to say falls foul of this – do not post. It’s that simple.  

If no charges are forthcoming and maybe people are of the opinion that this is the wrong decision, they also need to be very careful how they frame their comments to avoid defaming anyone.

ALDC’s advice is very clear: say nothing.

I am writing to remind you that it is vitally important that you do not defame any individual on social media, in email or through any other medium. Defamation includes republishing (retweeting) existing material, even from credible sources.

Please avoid any problem entirely by not commenting on any announcements today.

For that reason, there will be no comments allowed on this post or the one covering the announcement.

* Caron Lindsay is Editor of Liberal Democrat Voice and blogs at Caron's Musings. You can find her on Bluesky at caronmlindsay.bsky.social

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