Looks like the courts are going to be busy...the CPS is considering a complaint that vote leave made 'knowingly misleading' assertions of fact. It wont affect the referendum result but could result in criminal prosecutions against Boris Johnson and/or Michael Gove.
The director of public prosecutions is considering a complaint that voters were misled by the Vote Leave and Leave.EU campaigns, in contravention of electoral law.
The complaint about “undue influence” on the referendum campaign has been submitted by an independent group, spearheaded by Prof Bob Watt, an expert in electoral law from the University of Buckingham.
Though most cases require a police complaint before evidence can be considered by the
Crown Prosecution Service, under the 1983 Representation of the People Act the DPP can consider cases of election offences when they are referred to her office directly.
A CPS spokesperson said: “We can confirm that this letter has been received and we are currently considering its content.” The complaint is being considered by the special crime team, which deals with all election offences.
Under electoral law “undue influence” is considered a corrupt practice and includes the use of “a fraudulent device or contrivance” to “impede or prevent or intend to impede or prevent the free exercise of the franchise”.
The evidence submitted to the DPP cites a 1992 case where members of the Liberal Democrats produced a leaflet headed “Labour News”, with quotes from Labour politicians and purporting to set out Labour policies in Tower Hamlets.
That leaflet was deemed by the courts to be an attempt to mislead voters, though the law at the time did not consider that to be an offence. However, the law was changed by the Electoral Administration Act of 2006, which made an attempt to mislead voters an offence of “undue influence” – although Watt said that had not been tested by the courts so far.
Watt and his colleagues who have prepared the case say it centres on “instances where the leave campaigns continued to make assertions of fact that were knowingly misleading”, including the
oft-cited claim of the EU costing the UK £350m a week.
That claim, made by Vote Leave, was contrary to evidence from the Office for National Statistics, Watt said. Other instances cited to the DPP include alleged misrepresentations on pro-Brexit leaflets that Nissan and Unilever supported leaving the EU.
hehe!!!!!!
KudosDave