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There are calls for a new Tory crime boss to “stand aside” while she is being investigated by her own police force for alleged election fraud.

Devon and Cornwall Police Crime Commissioner Alison Hernandez is accused of failing to declare election spending during the 2015 general election following an investigation by the Daily Mirror.

The force is one of eight around the country investigating up to ten sitting Tory MPs and Ms Hernandez was the election agent for one of them.

She faces a possible one year jail sentence if found guilty.

Last week, Devon and Cornwall Police confirmed that it has launched an investigation into claims, first revealed in the Mirror, that more than two dozen Conservative MPs who were aided by activists on board Tory battlebuses failed to declare the costs of the buses and hotel bills than ran into hundreds of thousands of pounds.

(Image: APEX)

The accused Devon and Cornwall MPs are Scott Mann in North Cornwall, George Eustace in Cambourne and Redruth, Oliver Colville in Plymouth Sutton and Devenport and Kevin Foster in Torbay.

Ms Hernandez was Mr Foster’s election agent in last year’s general election.

Candidates and agents who fail to declare election spending commit a criminal offence under the Representation of the People Act and can be jailed for up to a year or face an unlimited fine.

Read more:Police investigating Tory Battle Bus expenses to meet with election watchdog over claims they broke the law

All the MPs deny wrongdoing and the Conservative Party insists the costs of the battlebuses were recorded as national campaign costs.

But it had admitted that it failed to declare tens of thousands of pounds of battlebus hotel bills uncovered by Channel 4, saying it was an “administrative error”.

(Image: @Roadtrip2020/Twitter)

A Devon and Cornwall Police spokesperson confirmed: “We have received an allegation relating to electoral expenses and are investigating the matter in conjunction with other forces around the country.

“We are also consulting with the Crown Prosecution Service and Electoral Commission.

"We will take appropriate action in due course following the conclusion of the investigation and further advice from the CPS and Electoral Commission.”

Three police forces have already confirmed they have applied for an extension to the one-year time limit for prosecuting the MPs. Devon and Cornwall have not confirmed this.

Ms Hernandez has said previously: “As the election agent I made a return of election expenses as required by law.

(Image: @Bateslord/Twitter)

“The party’s national bus tour was authorised and paid for by CCHQ was intended to promote the party’s success in the General Election and did not form part of the local election expenses.”

“It’s all transparent the costs have all been logged but nationally rather than locally.

"I have not been approached by a single proper authority over this, either the Electoral Commission or the police.

“I am not worried about it because it was a policy applied nationally. At the moment the extra costs I have seen quoted are all estimations, approximations, allegations.”

Following her election to the £85,000 a year post on Thursday, Ms Hernandez has control over Devon and Cornwall Police’s £275m budget and the power to fire and hire the chief constable.

(Image: @Roadtrip2020/Twitter)

But former Lib Dem MP for Torbay Adrian Sanders said that she should step aside until the investigation was complete to avoid a conflict of interest.

Mr Sanders said: “All of the agents and candidates are innocent until proven guilty but only one is in a position of influence over the investigations and it is this conflict of interest that is in question here.

“This whole embarrassing and potentially expensive circumstance raises several questions.

"While Devon and Cornwall have confirmed they are investigating, they have not - unlike other forces with seats to investigate - said they will apply for an extension of time. Why not?

“Obviously, Ms Hernandez shouldn’t be involved in any decision on whether to apply for an extension of time to investigate these matters, and leaving it up to people she can hire and fire is no different.

“If another force were brought in Devon and Cornwall would have to meet the costs of their investigations. If so, Ms Hernandez would control the budget.

“The more one considers this, the more one has to conclude that the political Independence of the Devon and Cornwall force has been compromised by this result.

“Not only will she have to stand aside while this investigation takes place, but another force ought to take over the investigations and apply for an extension of time.”