Andrew White, chief executive of the Office of the Police and Crime Commissioner, has reminded the people of Devon and Cornwall that their Police and Crime Commissioner, Alison Hernandez is “innocent until proven otherwise”.

This follows news that the investigation into whether Ms Hernandez failed to properly declare expenses during the last general election has been sent to the Crown Prosecution Service.

Hernandez was an election agent for Conservative MP for Torbay, Kevin Foster’s successful election in 2015, before she was elected as PCC for Devon and Cornwall last year.

Mr White said: “To ensure absolute independence, in circumstances such as these, there is a clear legal process to be followed. West Mercia police carried out the investigation and not Devon and Cornwall to avoid any suggestion of bias.

“Although the case is being referred to the CPS, at this time, no decision has been made about whether charges will be laid against Ms Hernandez. There is no presumption that their consideration will lead to a charge and even if the CPS decide to charge it may be many months before any case comes to court.

Mr White has stated that neither the referral, nor any charges brought against her “would prevent her from remaining in office”.

“I am certain that some will see this as a significant stage in the investigation, but in British justice an individual is innocent until proven guilty in a court of law,” Mr White said.

“There is no charge, no trial and no verdict, and neither is there any impediment to the commissioner carrying out her duties as an elected representative of the people of Devon and Cornwall.”