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The Police and Crime Commissioner Elections Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Crime Commissioner Elections Order 2012 No. 1917

False statements as to candidates

This section has no associated Explanatory Memorandum

61.—(1) A person who, or any director of any body or association corporate which—

(a)before or during a PCC election, and

(b)for the purpose of affecting the election of any candidate as police and crime commissioner,

makes or publishes any false statement of fact in relation to the candidate’s personal character or conduct is guilty of an illegal practice, unless the person can show that the person had reasonable grounds for believing, and did believe, the statement to be true.

(2) A candidate is not liable nor is the candidate’s election to be avoided for an illegal practice under paragraph (1) which is committed by an agent, other than the election agent, of the candidate unless—

(a)it can be shown that the candidate or the candidate’s election agent has authorised or consented to the committing of the illegal practice by that other agent or has paid for the circulation of the false statement constituting the illegal practice, or

(b)an election court find and report that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.

(3) A person making or publishing any false statement of fact as mentioned above may be restrained by interim or perpetual injunction by the High Court or the county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement is sufficient.

(4) Any person who, before or during a PCC election, knowingly publishes a false statement of a candidate’s withdrawal at the election for the purpose of promoting or procuring the election of another candidate is guilty of an illegal practice.

(5) A candidate is not liable, nor is the candidate’s election to be avoided, for an illegal practice under paragraph (4) committed by an agent of the candidate other than the candidate’s election agent.

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