The police and the Electoral Commission will seek to enforce the offence under section 48(1) consistently, but the differing nature of roles and powers means that specific actions may vary.
Both the police and the Electoral Commission will enforce effectively, proportionately, and fairly. Specifically:
Consider enforcement action only where there are reasonable grounds to suspect an offence under section 48(1) of the Act
Take enforcement action only where it is proportionate to do so
Take the facts of each situation into account
Enforce only where it is in the public interest to do so in the context of organisational priorities and resources.
Whether or not a matter is in the public interest and justifies the use of resources in this way will depend on a number of factors. These factors may be different and/or differently weighted depending on the circumstances. Some of the factors that are likely to be considered, though this is not an exhaustive list, are set out below:
Whether there was intent, rather than inadvertence or oversight
Whether the required imprint is partially included or entirely absent
The impact of the material -including but not limited to the extent and geographical spread of distribution of the material and how many people potentially may have seen it and been influenced by it
Where the Commission opens an investigation, it will normally inform the subject of the investigation as soon as possible after the investigation is opened, unless doing so would frustrate the investigation. The Commission will provide details of the matters under investigation and ensure that the subject has the opportunity to respond to them.
The police, in conducting criminal investigations, may proceed in a different way.
Both the police and the Commission recognise that it is important to conclude investigations as quickly as possible. This is both in the public interest and in the interests of justice for those involved. However, the first priority is always to conduct a fair and thorough investigation, and this will take priority over speed where the two conflict.