Parliamentary privilege—MPs’ expenses—Whether expense claims subject to Parliamentary privilege

Court of Appeal, Criminal Division, Lord Judge CJ, Lord Neuberger MR and Sir Anthony May P,. 30 July 2010

Parliamentary privilege or immunity from criminal prosecution has never attached to ordinary criminal activities by members of Parliament, and does not preclude prosecution for any criminal offences committed with regard to the Parliamentary allowances or expenses scheme.

Lord Pannick QC, L Mably, Mr J Segan and H Laws for the Crown, Nigel Pleming QC and J Knowles for David Chaytor,  E. Fitzgerald QC and J Middleton for Elliot Morley. Gavin Millar QC and R Trowler for James Devine. A Jones QC and R Bowers for Lord Hanningfield.

The four defendants were all charged with allegations of false accounting contrary to s 17(1)(b) of the Theft Act 1968, in relation to their claims for expenses as members of Parliament. An essential ingredient common to all is that the actions involved dishonesty. Three of the defendants were members of the House of Commons; the