Rood Eye
Wednesday 29th May 2019 4:41pm [Edited]
4,103 posts
The CPS doesn't have to sanction it: private prosecutions may be instigated without reference to the CPS.
However, the CPS can if it wishes take over the case and discontinue it if it is satisfied that the prosecution is vexatious or malicious.
However, the prosecution must proceed if it can be shown that, on the face of it, it seems that Boris might have committed the alleged offences.
My understanding is that the prosecution will rely on the fact that Boris, on several occasions during the Brexit campaign, used accurate figures with regard to monies sent every year/week to the EU but on other occasions he used different figures intended to mislead the public and thereby affect the way they would vote in the referendum.
A major factor, of course, is that only a tiny proportion of the public ever heard or read about Boris using the accurate figures but an absolutely huge proportion of the public saw the allegedly misleading statement printed on the side of the battlebus.
I think Boris is going to say that the statement painted on the battlebus, although inaccurate, was not wildly inaccurate as Britain does send the EU a figure that might be considered not a million miles away from the figure painted on the bus.
"We send the EU £350 million a week", the statement read, whereas treasury data suggests the actual figure is £327 million a week.
I think the prosecution is going to say that even if the above claim is true, the statement on the battle bus was nevertheless grossly misleading because it refers to money "sent" to the EU and does not mention rebates that mean the amount actually paid every week by Britain to the EU is dramatically less than the figure printed on the side of the bus.
According to treasury data, Britain's net contribution to the EU is £196 million per week.
I feel therefore that the essence of the prosecution won't be whether or not the statement on the bus was wide of the mark in terms of accuracy but whether or not it was misleading and intended to be so.
If old Boris is brought down by this case, the real and dreadful tragedy of the matter will (in my view) be that, if he had used the accurate and non-misleading figure of £196 million, the effect on voters would have been no less dramatic and just as many people who decided to vote to leave after seeing the £350 million figure would have voted to leave if they'd seen a figure of "only" £196 million.