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Decision to Charge

Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

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The Role of The Crown Prosecution Service

The Crown Prosecution Service is the government department responsible for prosecuting criminal cases investigated by the police in England and Wales.

As the principal prosecuting authority in England and Wales, we are responsible for:

  • advising the police on cases for possible prosecution
  • reviewing cases submitted by the police
  • determining any charges in more serious or complex cases
  • preparing cases for court
  • presenting cases at court

Find out more about the role of the Crown Prosecution Service

CPS statement on election expenses

02/06/2017

Nick Vamos, CPS Head of Special Crime, said: "On 18 April we received a file of evidence from Kent Police concerning allegations relating to Conservative Party expenditure during the 2015 General Election campaign. We then asked for additional enquiries to be made in advance of the 11 June statutory time limit by when any charges needed to be authorised.

"Those enquiries have now been completed and we have considered the evidence in accordance with the Code for Crown Prosecutors.

"We have concluded there is sufficient evidence and it is in the public interest to authorise charges against three people.

"Craig Mackinlay, 50, Nathan Gray, 28, and Marion Little, 62, have each been charged with offences under the Representation of the People Act 1983 and are due to appear at Westminster Magistrates' Court on 4 July 2017.

"Criminal proceedings have now commenced and it is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."

Ends

Notes to Editors

  • It is not the function of the CPS to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider.
  • The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors.
  • This assessment is based on the evidence available arising out of the police investigation and not on the evidence that is likely to be gathered by the defence, and likely to be used to test the prosecution evidence. The CPS charging decision is therefore necessarily an assessment on the basis of the evidence that is available to the CPS at the time the decision is made.

Details of charges:

Craig Mackinlay

  • That on 11 June 2015, being a candidate at the UK General Election on 7 May 2015, you knowingly made the declaration accompanying the return for the regulated period from 19 December 2014 to 29 March 2015, delivered under Section 81(1) of the Representation of People Act 1983, required by Section 82(1) of the same Act, falsely, contrary to Section 82(6) of the same Act.
  • That on 11 June 2015, being a candidate at the UK General Election on 7 May 2015, you knowingly made the declaration accompanying the return for the regulated period from 30 March 2015 to 7 May 2015, delivered under Section 81(1) of the Representation of People Act 1983, required by Section 82(1) of the same Act, falsely, contrary to Section 82(6) of the same Act.

Nathan Gray

  • That on 11 June 2015, being an election agent at the UK General Election on 7 May 2015, you failed to deliver a true return containing a statement of all election expenses in the regulated period from 19 December 2014 to 29 March 2015 as required by Section 81(1) of the Representation of the People Act 1983, contrary to Section 84 of the same Act.
  • That on 11 June 2015, being the election agent at the UK General Election on 7 May 2015, you failed to deliver a true return containing a statement of all election expenses in the regulated period from 30 March 2015 to 7 May 2015 as required by Section 81(1) of the Representation of the People Act 1983, contrary to Section 84 of the same Act.
  • That on 11 June 2015, being the election agent at the UK General Election on 7 May 2015, you knowingly made the declaration accompanying the return for the regulated period from 30 March 2015 to 7 May 2015, delivered under Section 81(1) of the Representation of People Act 1983, required by Section 82(1) of the same Act, falsely, contrary to Section 82(6) of the same Act.

Marion Little

  • That you did aid, abet, counsel and procure Craig Mackinlay, a candidate at the UK General Election on 7 May 2015, to knowingly make the declaration accompanying the return for the regulated period from 19 December 2014 to 29 March 2015, delivered under Section 81(1) of the Representation of People Act 1983, required by Section 82(1) of the same Act, falsely, contrary to Section 82(6) of the same Act.
  • That you did aid, abet, counsel and procure Craig Mackinlay, a candidate at the UK General Election on 7 May 2015, to knowingly make the declaration accompanying the return for the regulated period from 30 March 2015 to 7 May 2015, delivered under Section 81(1) of the Representation of People Act 1983, required by Section 82(1) of the same Act, falsely, contrary to Section 82(6) of the same Act.
  • That you did aid, abet, counsel and procure Nathan Gray, an election agent at the UK General Election on 7 May 2015, to fail to deliver a true return on 11 June 2015 containing a statement of all election expenses in the regulated period from 19 December 2014 to 29 March 2015 as required by Section 81(1) of the Representation of the People Act 1983, contrary to Section 84 of the same Act.
  • That you did aid, abet, counsel and procure Nathan Gray, an election agent at the UK General Election on 7 May 2015, to fail to deliver a true return on 11 June 2015 containing a statement of all election expenses in the regulated period from 30 March 2015 to 7 May 2015 as required by Section 81(1) of the Representation of the People Act 1983, contrary to Section 84 of the same Act.
  • That you did aid, abet, counsel and procure Nathan Gray, an election agent at the UK General Election on 7 May 2015, to knowingly make the declaration accompanying the return for the regulated period from 30 March 2015 to 7 May 2015, delivered under Section 81(1) of the Representation of People Act 1983, required by Section 82(1) of the same Act, falsely, contrary to Section 82(6) of the same Act.

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