Sussex PCC candidates breach the Representation of the People Act by misleading voters.
They failed to declare interests they had a duty to declare under the Companies Act. Correspondence update.
I have received a second response from Sussex Police relating to my complaints about the Sussex Police and Crime Commissioners all failing to declare all their interests, when they had a legal duty to do so.
The earlier correspondence is reproduced in my article of 23 April:
The following response was received today.
Dear Alison,
I have carefully considered the further points you have identified in your email dated 19th April 2024 and your observations around the Companies Act and Representation of the Peoples Act. However even when taking all these details into account there are still no criminal offences that have been made out under the Representation of the Peoples Act and we will not be pursuing any further action.
Kind regards
Julian
Julian Harris CH003
Detective Constable
Surrey & Sussex Economic Crime Unit, Specialist Crime Command
I have sent the following response:
Dear Detective Constable Harris,
Thank you for your prompt response and for considering the additional points I raised in my previous email regarding the potential electoral malpractice issues surrounding the Sussex Police and Crime Commissioner election candidates.
While I appreciate your careful consideration, I would like to respectfully reiterate the specific concerns I raised regarding the obligations under the Companies Act and the Representation of the People Act.
The failure of candidates to declare their interests in proposed transactions or arrangements, such as standing for election, is a matter of legal significance under Section 177 of the Companies Act. This duty to declare ensures transparency and accountability in the electoral process, aligning with the fundamental principles of democratic governance.
Moreover, the omission of their interests in their election address, constituting a false statement to the electorate, raises concerns under Section 106 of the Representation of the People Act 1983. This provision serves to prevent candidates from misleading voters and ensures the fairness and integrity of the electoral process.
Given these legal considerations, and the fact that such breaches have not been prosecuted before, I am inclined to believe that a judicial review may be warranted to ensure the proper application of the law in this matter. The consequences of these breaches are significant, as all four candidates have potentially rendered themselves ineligible to stand for election.
Therefore, I respectfully request that the election be repeated with eligible candidates to ensure the integrity and credibility of the electoral process.
Thank you once again for your attention to this matter, and I look forward to any further insights or actions you may provide.
Kind regards,
Alison Wright