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Elections: Fraud

Answer

The Government do not keep statistics on prosecutions for breaches of election law in England and Wales. The figures cited below are extracted from reports prepared by the Electoral Commission rather than from central government records. Accordingly, those reports do not necessarily constitute a complete record of the number of prosecutions during the period referred to. With regard to the General Election of 2005, the Electoral Commission's report Allegations of electoral malpractice in England and Wales 2000-2006 gives details of allegations of electoral malpractice in relation to offences under the Representation of the People Act (RPA) 1983 during that period. The report found that in 2005, there were 59 allegations. The Electoral Commission's report Further analysis of CPS files on allegations of electoral malpractice in England and Wales 2000-2006 gives details of prosecutions for electoral malpractice under the RPA 1983 during that period. The report found that there was one conviction in 2005, though noted that convictions do not necessarily occur in the same year that proceedings are initiated. Though statistics are not recorded on prosecutions brought under common law fraud offences in England and Wales, I am aware that subsequently five people were convicted under the common law offence of conspiracy to defraud at the 2005 General Election in the Bradford West constituency and all received a custodial sentence. With regard to the Scottish Parliament election of 2007 and the Scottish local government elections of 2007, I understand that there have been no prosecutions for fraud under the RPA 1983. When bringing common law fraud charges, the Crown Office and Procurator Fiscal Service in Scotland cannot differentiate between different types of fraud. Therefore no information is available in relation to any electoral fraud that might have been prosecuted under common law. With regard to the Welsh Assembly election of 2007, and local government elections in England in 2007, the Electoral Commission's report Electoral malpractice in England and Wales—2007 trends found that at the 2007 elections 129 allegations of electoral malpractice were recorded in England and Wales. I am aware that subsequently six people were convicted of committing a number of electoral offences at the May 2007 local government elections in Slough and all received a custodial sentence. Charges that were brought against some of these six individuals also included the common law offence of conspiracy to defraud. At elections in 2008, 2009 and 2010 there was systematic monitoring by the Electoral Commission and the Association of Chief Police Officers (ACPO) of allegations of electoral malpractice reported to the police during the election period. With regard to local government elections in England and Wales in 2008, the Electoral Commission and ACPO report Allegations of electoral malpractice at the May 2008 elections in England and Wales found that one case led to prosecution, which resulted in the conviction of one person on a charge of making a false application to vote by proxy and a fine of £1,015. With regard to the European elections of 2009 and local government elections in England in 2009, the Electoral Commission and ACPO report Analysis of allegations of electoral malpractice at the June 2009 elections found that two people pleaded guilty to three charges of false registration and other non-electoral fraud charges in Bournemouth, and each received a sentence of one month's imprisonment for the registration offences. The commission found that, in mid-December 2009, one person pleaded guilty to two charges of personation at the European parliamentary and local government elections in Cannock, and was sentenced to four months in prison. The commission's report also provided updated information about the outcome of allegations of fraud at the May 2008 elections. The report found that a further two cases relating to the May 2008 elections had led to charges or prosecutions meaning that three cases in total relating to the May 2008 elections had led to charges or prosecutions. The first additional case resulted in two people pleading guilty to personation at a polling station, and were both given the maximum community service order penalty of 300 hours. In the second additional case, charges were brought against one person for two false applications to vote by proxy. This person has now been found guilty and was sentenced in August 2010 to six months in prison, suspended for 12 months. With regard to local government elections in England in 2010, the Electoral Commission has indicated that it will publish verified data and analysis on the extent and nature of cases of electoral malpractice reported during 2010, including the May 2010 UK General Election and local government elections, in January 2011. This will include an update on any unresolved cases that were previously reported and unresolved.

Secondary information

Type

Written question

Reference

2330; 721 c252-3WA

Session

2010-12

Subjects

Fraud Prosecutions General Election 2005

Link

View this Written question on www.publications.parliament.uk