Response from Sussex Police Electoral Malpractice re Bennett, Bourne, Kent and Richards and my reply.
Candidates are obliged to declare their interests in the Electoral Address, omission constitutes a false statement and is a breach of section 106 under the Representation of the People Act.
As a result of due diligence analysis of the incumbent Police and Crime Commissioner for Sussex, Katy Bourne, and the three candidates who are also standing for election, I raised a complaint about each person, with the Sussex Police Electoral Malpractice team. Links to the full reports are provided at the end on this post.
The letter of complaint sent to the Sussex Police Electoral Malpractice team, about Katy Bourne, is located here:
The response to my complaints from Sussex Police Electoral Malpractice team, received 19/04/2024, is copied below:
Dear Alison,
As you may be aware from your contact with Detective Sergeant Andy Hobden last year the Sussex Police Electoral Malpractice team only investigate offences that specifically fall under the Representation of the Peoples Act 1983 (RPA).
I have reviewed each of the complaints you have made in respect of the four candidates standing in the Sussex Police and Crime Commissioner election 2024 and none of them constitute offences under the RPA.
Some of the matters you refer to may warrant referral to other agencies and I have included their links below where applicable for your convenience:
RE Katy Bourne
None of the matters you report for Katy Bourne constitute an offence under the RPA and I note the issues regarding multiple identities on Companies House have been investigated and dealt with. I have viewed the items on the Facebook page you submitted in your second email regarding Katy Bourne and these also do not constitute any offence under the RPA as they are form reporting of her daily business in her current post rather than them being used directly as promotional campaign material.
If you wish to report any issues regarding Katy Bourne’s register of interests these should be addressed to the Office of the Police and Crime Commissioner for Sussex in the link below:
OPCC for Sussex –
SPCC - Office of the Police & Crime Commissioner (sussex-pcc.gov.uk)
RE Jonathan Christopher Kent
None of the matters you report for Jonathan Christopher Kent constitute an offence under the RPA but if you have any concerns about the overdue accounts showing for the Black Coffee Communications Ltd these should be addressed to Companies House as they have their own enforcement powers and hold all the relevant data which may include a legitimate explanation of the accounts being shown as overdue.
Companies House –
enquiries@companieshouse.gov.uk
Telephone: 0303 1234 500
Monday to Friday, 8:30am to 6pm
Find out about call charges
If you wish to report any other allegation of financial fraud this should be directed to Action Fraud using the link below. The company Made Simple Group Ltd is a genuine company formation agent which operates in full cooperation with law enforcement agencies.
Action Fraud
Reporting fraud and cyber crime | Action Fraud
RE Paul Adrian Richards
None of the matters you report for Paul Adrian Richards constitute an offence under the RPA but if you wish to report any other allegation of financial fraud this should be directed to Action Fraud using the above link.
RE Jamie Bennett (Liberal Democrat Party)
None of the matters you report for Jamie Bennett constitute an offence under the RPA. There is no legal obligation for a candidate to disclose details of their employment and interests in their online manifesto (Electoral Statement) but if you have any further queries about material that should not be included you can contact the Electoral Services Team at Brighton and Hove City Council who are managing this year’s PCC election via the contact tab on the below link.
Electoral Services Brighton and Hove City Council
Kind regards
Julian Harris
Julian Harris CH003
Detective Constable
Surrey & Sussex Economic Crime Unit, Specialist Crime Command
My response:
Dear Detective Constable Harris,
I appreciate your thorough review of the concerns I raised regarding the Sussex Police and Crime Commissioner election candidates. I understand your team's focus on electoral malpractice within the confines of the Representation of the Peoples Act 1983 (RPA).
Upon further reflection, I wish to clarify the nature of the issues raised, particularly concerning the failure of candidates to declare their interests in proposed transactions or arrangements, as required by Section 177 of the Companies Act.
Section 177 of the Companies Act imposes a duty on directors to declare any interests in proposed transactions or arrangements. When a person stands for election, they essentially propose an arrangement with the electorate to represent them in public office. This proposal constitutes a transaction or arrangement under the Companies Act.
Furthermore, the RPA mandates that candidates provide certain information to voters, including their personal details and electoral platform. By integrating the obligations under the Companies Act with the requirements of the RPA, it becomes evident that candidates have a legal duty to declare their interests in proposed transactions or arrangements, such as standing for election. This declaration ensures transparency and integrity in the electoral process, aligning with the overarching principles of democratic governance upheld by both Acts.
Additionally, omitting their interests in their election address, which is part of their nomination papers, constitutes a false statement to the electorate, thus breaching Section 106 of the Representation of the People Act 1983. This provision aims to prevent candidates from misleading voters and ensures that the electoral process is fair and transparent.
In light of these considerations, I respectfully urge you to reconsider the allegations in accordance with the legal framework outlined above. Ensuring compliance with both the Companies Act and the Representation of the People Act is essential to upholding the integrity of the electoral process.
Thank you for your attention to this matter, and I look forward to any further actions or insights you may provide.
Kind regards,
Alison Wright.
Summary of PCC Katy Bourne and CC Jo Shiner dues diligence:
The full report:
The due diligence report on the candidates standing for election in Sussex on May 2nd 2024.