The Political Parties, Elections and Referendums Act 2000 specifically outlaws knowingly taking steps to disguise or conceal that a donation has come from an impermissible source.
As part of this, it can be a crime for someone to conceal money spent on expenses incurred directly or indirectly by the party – and to mislead a party on the source of a donation. The maximum sentence is 12 months in prison.
It is in this context that Labour is demanding the police investigate the polling and whether there is evidence of concealing who actually paid for it.
But investigating this and the other claims in the film would be hugely complex – and a 30-minute TV report could not be the sole basis for a prosecution.
The police would almost certainly ask Channel 4 for all the unused filmed material, research notes and plans for the documentary. Detectives would want to interview everyone involved and understand their intentions.
In a statement on Friday, JL Partners said that “sometimes people with a party alignment make suggestions about potential clients who may be interested in commissioning and paying for polling” in the UK and abroad, and that it would not expect to be told the precise relationship between Reform and the US-based company.
Nick Vamos, former head of specialist crime at the Crown Prosecution Service, explained: “It is very common for allegations of electoral offences to be reported to the police, especially by political rivals looking to score points,” adding the police would assess the evidence neutrally to decide whether a full investigation is required.
Such offences very rarely lead to prosecution. Between 2011 and 2021, the Electoral Commission referred eight cases to the Met, none of which resulted in charges. Even if there were an investigation, it would take months to get near specialist detectives or prosecutors.
