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If non declaration of interests is a criminal offence under the Localism Act can an individual bring a private prosecution when the MO finds in favour of a complainant but does not subsequently act? Is private prosecution a realistic and sensible way to proceed? If not, how do we persuade the MOs and the MHCLG that it is time to enforce the law more stringently?
by (560 points)

1 Answer

0 votes
I can only guess at the reasons for the MO deciding not to act. One factor could well be that for a criminal conviction it is necessary to prove that the failure to declare was deliberate. Another factor could be that the MO felt that it just wasn't worth the expenditure of time, given that no benefit would flow to the MO's council even if a conviction was obtained. And the outcome might not be very satisfying - Councillor Spencer Flower the first person to be prosecuted under the legislation. He was convicted, but was given a six month conditional discharge and allowed to remain in office. Bringing a private prosecution would be expensive (and I suspect may be vulnerable to being blocked by the CPS) and you might well feel it not worthwhile spending money for that kind of result.
But if you feel it worth further consideration, I think you will really need professional legal advice.

Personally, I feel that the current regime is ineffective, and that it would have been better to have carried out a less disruptive reform of the previous system, using the Standards Board.
by (33.0k points)
Agreed. The system has no teeth.

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