Guido has been in discussion with some of m’learned friends after a careful reading of the CPS statement. The CPS has decided on a bar set very high to justify not prosecuting under the Honours (Prevention of Abuses) Act 1925 (‘the 1925 Act’).

The Political Parties, Elections and Referendums Act, 2000 (‘the 2000 Act’) was dealt with far too perfunctorily in the CPS statement. More than one legal authority consulted by Guido thinks that there are avenues open to a private prosecution via the 2000 Act which have the advantage of not requiring the proving of a conspiracy.

The weakest part of the CPS statement is point 30:

In relation to possible breaches of the 2000 Act, we are satisfied that we cannot exclude the possibility that any loans made – all of which were made following receipt by the Labour Party of legal advice – can properly be characterised as commercial.

There are a number of related suspected offences under the Political Parties, Elections and Referendums Act 2000 governing the evasion of restrictions on donations which provide a firm and clear basis for action. Crucially, a prosecution on this basis would avoid the difficulties of having to prove a conspiracy. It would also have the advantage that there are statements from donors already in the public domain which, contrary to the stated view of the CPS, exclude the possibility that the loans were made, or intended to be made, on a commercial basis.

The attempt by Levy et al to portray themselves as the victims of an over zealous policeman are contemptible. They deliberately subverted the law in a secret attempt to cover up donations made by persons they later put forward for honours. A fact they deliberately and disingenuously hid from House of Lords Appointment Committee. If you want to see justice done and the law upheld, pledge your support for a private prosecution here.