Election Offences
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This CPS prosecution guidance covers the legal framework regarding election offences under the Representation of the People Act 1983. It outlines the responsibilities of Crown Prosecutors, the classification of offences, and the public interest considerations for prosecuting breaches related to elections. Key legal stipulations include timelines for commencing proceedings and penalties for various offences.
Key points
- The Representation of the People Act 1983 establishes criminal offences related to elections.
- Crown Prosecutors have discretion regarding the necessity of police inquiries.
- All allegations of breaches must be referred to the CPS Special Crime Division.
- There are defined time limits for commencing proceedings for offences under the Act.
- Certain offences can result in disqualification from holding elective office or registering as an elector.
- Public interest is a key consideration in deciding whether to prosecute election offences.
Public-interest factors
- Technical nature of the offence does not impact the essence of the legislation.
- Genuine mistakes or misunderstandings may not warrant prosecution.
- If the offence did not influence election results, it may not be in the public interest to prosecute.
- Remedial actions by the offender can influence prosecution decisions.
- Evident breaches affecting election results increase the likelihood of prosecution.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.