Corrupt practices

The Corrupt Practices Prevention Act 1854 (17 & 18 Vict. c. 102){{cite EB1911|wstitle=Corrupt Practices|volume=7|page=197}} introduced the category of 'corrupt practices' to the English legal system, although statutes for the prevention of specific offences had been passed in 1416, 1695,{{refn |group="nb" |See Corrupt Practices Act 1695.}} 1729,{{Cite web |title=Key dates |url=https://www.parliament.uk/about/living-heritage/transformingsociety/electionsvoting/chartists/keydates/ |website=UK Parliament}} 1809, 1827, 1829, and 1842. The Act was supplemented, modified, amended or extended by later legislation, for example the Parliamentary Elections Act 1868 and the Corrupt and Illegal Practices Prevention Act 1883.

Corrupt practices are now defined by the Representation of the People Act 1983 and include:{{UK-LEG|title=Representation of the People Act 1983}}

• personation, defined as pretending to be another person (whether living, dead or fictitious) in order to vote in their nameSection 60
• applying for a postal vote in the name of another person, or diverting the delivery of a postal vote formSection 62A
• giving false information in the papers nominating a candidateSection 65A
• incurring unlawful expenses in connection with an election campaign,Section 75 or making a false declaration regarding election expensesSection 82
• bribing voters to vote or not to vote (with money, or other valuable items)Section 113
• treating, defined as giving or offering food, drink or entertainment to a voter in order to influence their voteSection 114
• exerting undue influence on a voter through threats (including threats of "spiritual injury" as well as physical injury, damage or harm), whether to influence their vote or as a result of their votingSection 115

The result of an election can be challenged on the grounds that corrupt practices have taken place by the presentation of an election petition to the courts within the period of 21 days after the date of the election.Sections 120 to 135A If the election court which hears the petition determines that a corrupt practice has taken place, it issues a report finding the relevant individuals guilty.Sections 139 to 145 A candidate may be reported as personally guilty if they were directly involved with the corrupt practice, or if it was committed with their knowledge or consent. A candidate may also be reported as "guilty by his agents" where his election agent or those working on his campaign commit corrupt practices.Section 158

The punishments for corrupt practices fall into two broad categories: non-criminal sanctions, and criminal punishments. The reporting, by an election court, of a person as guilty of a corrupt practice renders them immediately liable to the non-criminal sanctions, and they may additionally be prosecuted and subjected to the criminal punishments (but if they are prosecuted and acquitted, then the non-criminal sanctions are revokedSection 174(1)). Where the election was not challenged by a petition at the time, but suspected corrupt practices are subsequently identified, a criminal prosecution can be instigated (but only within one year of the election concernedSection 176), and anyone found guilty is subject to both criminal punishment and the non-criminal sanctions.

The successful election of a candidate found guilty (whether personally or by his agents) of a corrupt practice is void,Section 159 and anyone found personally guilty of a corrupt practice is prohibited from holding any elected office (and for some offences, also from voting in any election) for a period of five years.Section 160 In addition, if the offender is a solicitor, barrister, advocate or member of another regulated profession (such as a medical doctor) then the offence is also reported to the appropriate regulatory body which is empowered to deal with it as if it were professional misconduct, and thus could result in suspension or being struck off their professional register.Section 162 If an election court finds that someone with a licence for the sale of alcohol allows bribery or treating to take place on his premises, they can also report the matter to the licensing authority which may consider it grounds to refuse to renew the licence.Section 163

Conviction of a corrupt practice in the criminal courts can result in imprisonment for up to two years (depending on the offence) or an unlimited fine.Section 168

One of the most high-profile cases of corrupt practices in recent years was that of the local government elections in the Bordesley Green and Aston wards of Birmingham in June 2004. The election court, presided over by Richard Mawrey QC, found that there had been extensive abuse of the postal vote system, resulting in the outcome of the election being changed. He accordingly reported that extensive corrupt practices had been committed, found six individuals personally guilty (although one was subsequently cleared by the Court of Appeal{{cite web|url=http://www.bailii.org/ew/cases/EWCA/Civ/2005/647.html|title=Afzal, R (on the application of) v Election Court & Ors 2005 EWCA Civ 647|publisher=British and Irish Legal Information Institute|date=26 May 2005|accessdate=30 April 2010}}), and voided the elections.{{cite web|url=http://www.hmcourts-service.gov.uk/cms/2384.htm|title=Judgment in the matters of Local Government elections for the Bordesley Green and Aston Wards of the Birmingham City Council both held on 10th June 2004|publisher=HM Courts Service|date=4 April 2005|accessdate=30 April 2010|archive-url=https://web.archive.org/web/20101101071354/http://www.hmcourts-service.gov.uk/cms/2384.htm|archive-date=1 November 2010|url-status=dead}}

Following the 1997 General Election, Fiona Jones, who had been elected as Member of Parliament for Newark, and her election agent were initially tried and convicted of making false declaration regarding election expenses. However, the conviction was overturned on appeal.{{cite web|url=http://www.bailii.org/ew/cases/EWCA/Crim/1999/1094.html|title=R v Fiona Jones and Desmond Whicher 1999 EWCA Crim 1094|publisher=British and Irish Legal Information Institute|date=22 April 1999|accessdate=1 May 2010}} See also {{cite web|url=http://www.bailii.org/ew/cases/EWHC/Admin/1999/377.html|title=HM Attorney General (On behalf of the Speaker and Authorities of the House of Commons) v Jones 1999 EWHC Admin 377|publisher=British and Irish Legal Information Institute|date=30 April 1999|accessdate=1 May 2010}}

• Bribery
• "Corrupt practices" is used more broadly in American criminal law to describe predicate crimes underlying racketeering (Racketeer Influenced and Corrupt Organizations Act (RICO)), bribery, and U.S. election law.
• Election law
• List of UK parliamentary election petitions
• Political corruption
• Reform Acts
• Representation of the People Act

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Category:Crimes

Category:English law

Category:Election law in the United Kingdom