Tim Malloch asks: does English criminal law require politicians to campaign responsibly before a referendum vote?
- Asserts misleading claims were made before the Brexit referendum.
- Looks stateside to the criminal charges brought against former President Donald Trump.
- Asks whether the UK could use an 1848 law to hold politicians accountable when they tell lies?
In November 2022 the Supreme Court of England and Wales recognised that, although the results of a referendum on Scottish independence may not have legal effect they would nevertheless have important political consequences relating to the Union and the UK Parliament, in Re Scottish Independence Referendum Bill [2022] UKSC 31, [2023] 1 All ER 961.
One of the four criminal charges in the indictment filed against Donald Trump on 1 August 2023 is that he did knowingly combine, conspire, confederate, and agree with co-conspirators to injure, oppress, threaten and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the constitution and laws of the United States—that
