The three Labour MPs facing prosecution for misuse of their parliamentary expenses were cleared of having to repay any money by Sir Thomas Legg’s expenses audit.
David Chaytor, Elliot Morley and Jim Devine were all listed as having "no issues" in the audit of parliamentary expense claims published yesterday.
It was announced this morning that all three are to be charged under Section 17 of the Theft Act 1968 for false accounting.
The maximum sentence is seven years in jail.
The CPS announcement of the cases against the MPs came just after Chaytor had introduced his Local Authorities (Overview and Scrutiny) private member's Bill in the Commons.
Legg's report called for MPs to repay £1.12m in total, although the investigation itself cost £1.16m.
The report found that 48 per cent of the 752 MPs have '"no issues" with their expenses, but three MPs have been recommended to repay over £40,000.
The highest single repayment demand following the appeals process has been made of junior communities minister Barbara Follett who must pay a total of £42,458.
So far about £800,000 has been paid back, but there are reports that some MPs could refuse to hand over money.
Dods Parliamentary Communications Ltd