Committee publication · Correspondence · 8 September 2025
Letter, dated 8 August 2025, from Lucy Rigby KC MP, Solicitor General
From: Speaker's Conference (2024)
Inquiry: Speaker’s Conference on the security of candidates, MPs and elections
Summary
The Solicitor General provides detailed follow-up information to the Speaker's Conference on criminal justice responses to threats against parliamentarians and candidates. She explains the statutory framework for Disqualification Orders under the Elections Act 2022, clarifies CPS handling through its Special Crime Division, reports that six recent cases met legislative requirements for disqualification but courts imposed none, and confirms CPS can request case expedition through the Chief Magistrate.
Key findings
- Disqualification Orders under Elections Act 2022 Part 5 are mandatory for five years unless courts deem it unjust; courts, not prosecutors, impose them when offences are aggravated by hostility to candidates or office holders.
- CPS Special Crime Division handles sensitive cases involving parliamentarians; all Representation of the People Act 1983 offences are prosecuted centrally, whilst complex political finance cases may be referred to specialist divisions.
- In six recent CPS prosecutions for threats against parliamentarians, all defendants met statutory requirements for Disqualification Orders but none were imposed; CPS records do not show whether courts considered or gave reasons for non-imposition.
- Four of six cases resulted in Restraining Orders prohibiting contact with victims and access to constituency offices, serving protective and deterrent functions.
- CPS can request expedition for cases involving parliamentarians and candidates through the Chief Magistrate; judges 'almost certainly' consider such requests where circumstances permit.
Tone
ProceduralTopics
Key actors
Lucy Rigby KC MP, Solicitor General, Sir Lindsay Hoyle MP, Speaker of the House of Commons, Minister Sackman, Minister Johnson, Nick Price, Interim Director of Legal Services, Crown Prosecution Service, Director of Public Prosecutions, Speaker's Conference, Special Crime Division, CPS
Notable line
“No such Orders were made by the Court however, and CPS records do not identify whether the issue was specifically considered …”
Key Quotes
“Ensuring there is a robust criminal justice response to threats against candidates and parliamentarians is of course extremely important and …”
“Part 5 of the Elections Act 2022 provides that where an adult is convicted of an offence specified in Schedule 9 of that Act, and the court is satisfied beyond reasonable doubt that the offence was aggravated by hostility related to the status, or perceived status, of the victim being a candidate, elected office holder, or campaigner, it must (unless it considers it unjust in all the circumstances) impose a Disqualification Order”
“In respect of these cases, all the defendants met the legislative requirements for a Disqualification Order to be made (i.e. they were adults, convicted after November 2023, for an offence, or offences, as specified in Schedule 9 of the Elections Act 2022).”
“Where the CPS flags to the judge that expedition is required – such as ensuring a case is heard within an electoral period – this will be taken into account when listing decisions are made.”
Source · parliament.uk record ↗