The police, where there is evidence of an offence, may refer the matter to the relevant public prosecutor (the Crown Prosecution Service in England and Wales, the Crown Office/Procurator Fiscal in Scotland, and the Public Prosecution Service in Northern Ireland), who will decide whether to launch a criminal prosecution.
Where the Electoral Commission is satisfied beyond reasonable doubt that an offence has been committed, the Commission may decide to impose a civil sanction using its powers under Schedule 19C to the Political Parties Elections and Referendums Act 2000.
The Commission will generally sanction where it considers it appropriate to do so and when it is proportionate and in the public interest,
If the Commission seeks to impose a sanction, it will follow the statutory process set out in Schedule 19C to the Political Parties, Elections and Referendums Act 2000. This involves the serving of a notice proposing a sanction, and a period of time for the person who is the subject of the notice to make representations.
When making representations, recipients can put forward any information they consider relevant. In particular, if they have not already done so, the recipient may want to put forward any defence to the offence. They may wish to comment on the reasons for the Commission proposing a sanction, including the facts on which the decision is based. Representations may be made on the application of the factors the Commission has taken into account when determining the type and size of a sanction. Finally, the recipient may want to comment on the ability of the person concerned to pay a financial penalty and/or the cost to the person concerned of any non-financial requirement that might be imposed.
Where possible, representations or objections should be accompanied by supporting evidence.
Any representations or objections will be considered by a senior officer of the Commission who was not involved in the decision to issue the notice proposing a sanction. This includes determining if the Commission remains satisfied that an offence took place and, if so, that the proposed sanction is reasonable and appropriate.
If, as a result, the Commission is no longer satisfied that an offence or contravention occurred, the matter will be closed and the outcome notified to the recipient. Otherwise, the senior officer will decide whether to issue a notice imposing a sanction, either reflecting the initial decision or changing it.
Where any sanction is imposed, the subject of that sanction has a right of appeal to the county court in England and Wales, a county court in Northern Ireland, or the sheriff in Scotland.