I heard via Charon QC, while checking my blawg feeds between teaching freedom of the person and free movement of persons, the news that Peter Hain has resigned from the Cabinet following the Electoral Commission’s decision to refer his case to the police. Here’s the Electoral Commission’s statement; and here’s the statement Peter Hain made this afternoon.

The Electoral Commission says it has discussed the case with the CPS and the police, and that it’s now referred the case to the police to consider “whether an investigation should take place”. But surely this means the CPS and the police both think, based on what the Electoral Commission have said, that there is at least a reasonable suspicion that Hain has committed an offence under paragraph 12(1) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000. That offence relates solely to the non-reporting of donations: much political flak is flying about the channelling of donations through the Progressive Policies Forum, but that in itself does not break the law.

The next step can only be for the police to interview him under caution as a suspect – I’m not sure they’ll really need to arrest him. Following that, they’ll pass the papers to the CPS for advice and, depending on what its legal view is, charge. Given his full cooperation with the Commission so far, however, I think they must feel his explanation does not amount to the defence under paragraph 12(3) that he took all reasonable steps and exercised all due diligence. Or at least, that it’s far from clear that it does. Unless fresh evidence emerges at this stage, therefore, or at least something makes the police see Hain’s explanation in a new light, it’s difficult to imagine that a charge (or if the police don’t think they need to arrest and bail him, a summons) will not follow in due course.

Presumably he’d appear in the Magistrates’ Court – City of Westminister Magistrates’ Court, I presume, at Horseferry Road – and the Magistrates would decide, following his plea, whether their sentencing powers (up to a £5000 fine, or 6 months in prison, under Schedule 20) are sufficient, or whether the case needs to be sent to the Crown Court for trial or (if he pleads guilty) sentencing. I suppose it’s possible they’d think a man recently on a Cabinet minister’s salary might need to be fined more that £5000.

I’ve said before that I feel a bit sorry for Peter Hain – it seems to me he’s in the unfortunate position of being caught by legislation that that imposes personal criminal liability on him – I’m not sure entirely appropriately. And whatever happens now, this looks and sounds like the end of his political career. Others have actually sinned worse and been less politically damaged, you might feel, and the legal trouble he’s in, about non-reporting, isn’t quite on all fours with the political trouble he’s in over the PPF. But I’m also pleased that the Electoral Commission has shown it’s prepared to refer a front-line politician to the criminal justice authorities: I doubt we will ever again see a case of a politician appearing not to take PPERA seriously.