Changes introduced by the government

The UK Government’s Elections Act introduces a new penalty for anyone found guilty of intimidating candidates, campaigners or elected representatives.

Anyone found guilty of this behaviour could be banned from standing for elected office for five years. This applies to all elected offices in the UK except for members of the Scottish Parliament and Scottish local government. The Scottish Elections (Representation and Reform) Bill will extend the disqualification orders from the Elections Act 2022 to these elections.

This is in addition to punishments already in place for those guilty of existing intimidation offences, such as common assault, harassment, and the use of threatening language. 

Our view

There has been increasing concern at recent elections about intimidating and threatening behaviour towards candidates and campaigners.

Following the 2019 UK general election, more than half of the candidates we spoke to said they were concerned about standing for election because of the risk of intimidation, threats and abuse. Three quarters of respondents said that they had experienced this behaviour. When asked about how much of a problem candidates had with harassment, intimidation, or threats in the May 2023 elections, 36% of candidates who responded to our survey said they had some kind of problem (rating this as a two or above on a scale of one to five). However, when shown a list of types of harassment and asked if they had experienced any of them during the campaign, 55% of respondents said that they had experienced one of the scenarios at least once.

It is vital that action is taken against those who abuse, threaten or intimidate candidates and campaigners. This behaviour cannot be allowed to discourage people from standing for election or campaigning.

The National Police Chiefs Council, working with the Crown Prosecution Service and the Electoral Commission, have produced guidance for candidates and campaigners, to help them understand when behaviour goes beyond political debate and may be unlawful. It also provides more detail on the nature of possible offences, and where to find advice on keeping yourself safe, including online.

Banning someone from standing for elected office, as well as imposing criminal sanctions, such as a prison sentence or fine, will strengthen the deterrent against this intimidating behaviour.