Corrupt practices
Encyclopedia
Corrupt practices in English
election law
includes bribery
, treating
, undue influence, personation
, and aiding, abetting, counselling and procuring personation.
through the Corrupt Practices Prevention Act 1854, although statutes for the prevention of specific offences had been passed in 1416, 1695, 1809, 1827, 1829, and 1842. The Act was modified, amended or extended by later legislation, for example the Corrupt and Illegal Practices Prevention Act 1883.
and include:
The result of an election can 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. 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. 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.
, 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. 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.
for up to two years (depending on the offence) or an unlimited fine.
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
), and voided the elections.
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.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
election law
Election law
Election law is a discipline falling at the juncture of constitutional law and political science. It researches "the politics of law and the law of politics"...
includes bribery
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, treating
Treating
Treating, in law, is the act of serving food, drink, and other refreshments as a method of influencing people for political gain. In various countries, treating is considered a form of corruption, and is illegal as such....
, undue influence, personation
Personation
Personation is a term used in law for the specific kind of voter fraud where an individual votes in an election, whilst pretending to be a different elector....
, and aiding, abetting, counselling and procuring personation.
English election law
Corrupt practices were created in United Kingdom common lawEnglish law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
through the Corrupt Practices Prevention Act 1854, although statutes for the prevention of specific offences had been passed in 1416, 1695, 1809, 1827, 1829, and 1842. The Act was modified, amended or extended by later legislation, for example the Corrupt and Illegal Practices Prevention Act 1883.
Offences
Corrupt practices are now defined by the Representation of the People Act 1983Representation of the People Act 1983
The Representation of the People Act 1983 is an Act of the Parliament of the United Kingdom. It changed the British electoral process in the following ways:* Amended the Representation of the People Act 1969....
and include:
- personationPersonationPersonation is a term used in law for the specific kind of voter fraud where an individual votes in an election, whilst pretending to be a different elector....
, defined as pretending to be another person (whether living, dead or fictitious) in order to vote in their name - applying for a postal vote in the name of another person, or diverting the delivery of a postal vote form
- giving false information in the papers nominating a candidate
- incurring unlawful expenses in connection with an election campaign, or making a false declaration regarding election expenses
- bribingBriberyBribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
voters to vote or not to vote - treatingTreatingTreating, in law, is the act of serving food, drink, and other refreshments as a method of influencing people for political gain. In various countries, treating is considered a form of corruption, and is illegal as such....
, defined as giving or offering food, drink or entertainment to a voter in order to influence their vote - 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 voting
The result of an election can challenged on the grounds that corrupt practices have taken place by the presentation of an election petition
Election petition
An election petition refers to the procedure for challenging the result of a Parliamentary election or local government election in the United Kingdom and in Hong Kong.- Outcomes :...
to the courts within the period of 21 days after the date of the election. If the election court
Election court
An Election Court is, in United Kingdom election law, a special court convened to hear a petition against the result of a local government or Parliamentary election. The court is created to hear the individual case, and ceases to exist when it has made its decision.- Statutory basis :Election...
which hears the petition determines that a corrupt practice has taken place, it issues a report finding the relevant individuals guilty. 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
Election agent
In elections in the United Kingdom, as well as in certain other similar political systems such as India's, an election agent is the person legally responsible for the conduct of a candidate's political campaign and to whom election material is sent to by those running the election. In elections in...
or those working on his campaign commit corrupt practices.
Punishment
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 revoked). 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 concerned), and anyone found guilty is subject to both criminal punishment and the non-criminal sanctions.Non-criminal sanctions
The successful election of a candidate found guilty (whether personally or by his agents) of a corrupt practice is void, 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. In addition, if the offender is a solicitorSolicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
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
Suspension (punishment)
Suspension is a form of punishment that people receive for violating rules and regulations.- Workplace :Suspension is a common practice in the workplace for being in violation of an organization's policy...
or being struck off their professional register. If an election court finds that someone with a licence for the sale of alcohol
Licensing laws of the United Kingdom
Licensing laws of the United Kingdom regulate the sale and consumption of alcohol, with separate legislation for England and Wales, Northern Ireland and Scotland being passed, as necessary, by the UK parliament, the Northern Ireland Assembly, and the Scottish Parliament respectively.Throughout the...
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.
Criminal punishment
Conviction of a corrupt practice in the criminal courts can result in imprisonmentImprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
for up to two years (depending on the offence) or an unlimited fine.
Recent cases
One of the most high-profile cases of corrupt practices in recent years was that of the local government elections in the Bordesley GreenBordesley Green
Bordesley Green is an inner-city area of Birmingham, England about two miles south-east from the city centre. It also contains a road of the same name. It is also a ward in the formal district of Hodge Hill. Neighbouring areas include, Alum Rock, Saltley, Small Heath and Yardley.Heartlands Hospital...
and Aston
Aston
Aston is an area of the City of Birmingham, in the West Midlands of England. Lying to the north-east of the Birmingham city centre, Aston constitutes an electoral ward within the council constituency of Ladywood.-History:...
wards of Birmingham
Birmingham
Birmingham is a city and metropolitan borough in the West Midlands of England. It is the most populous British city outside the capital London, with a population of 1,036,900 , and lies at the heart of the West Midlands conurbation, the second most populous urban area in the United Kingdom with a...
in June 2004. The election court
Election court
An Election Court is, in United Kingdom election law, a special court convened to hear a petition against the result of a local government or Parliamentary election. The court is created to hear the individual case, and ceases to exist when it has made its decision.- Statutory basis :Election...
, presided over by Richard Mawrey
Richard Mawrey
Richard Mawrey QC is a barrister and Deputy High Court Judge in the United Kingdom. He is a bencher of Gray's Inn and a member of Henderson Chambers...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, 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
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
), and voided the elections.
Following the 1997 General Election
United Kingdom general election, 1997
The United Kingdom general election, 1997 was held on 1 May 1997, more than five years after the previous election on 9 April 1992, to elect 659 members to the British House of Commons. The Labour Party ended its 18 years in opposition under the leadership of Tony Blair, and won the general...
, Fiona Jones
Fiona Jones
Fiona Jones was a Labour Party politician in the United Kingdom. She was elected as a Member of Parliament for Newark in Labour's landslide victory in the 1997 general election....
, who had been elected as Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Newark
Newark (UK Parliament constituency)
Newark is a county constituency represented in the House of Commons of the Parliament of the United Kingdom. Since 1885, it has elected one Member of Parliament by the first past the post system of election....
, and her election agent
Election agent
In elections in the United Kingdom, as well as in certain other similar political systems such as India's, an election agent is the person legally responsible for the conduct of a candidate's political campaign and to whom election material is sent to by those running the election. In elections in...
were initially tried and convicted of making false declaration regarding election expenses. However, the conviction was overturned on appeal.
See also
- BriberyBriberyBribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
- Political corruptionPolitical corruptionPolitical corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
- Election lawElection lawElection law is a discipline falling at the juncture of constitutional law and political science. It researches "the politics of law and the law of politics"...
- "Corrupt practices" is used more broadly in AmericanUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
criminal lawCriminal lawCriminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
to describe predicate crimeCrimeCrime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s underlying racketeering (Racketeer Influenced and Corrupt Organizations Act (RICO)Racketeer Influenced and Corrupt Organizations ActThe Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
), briberyBriberyBribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
, and U.S. election lawElection lawElection law is a discipline falling at the juncture of constitutional law and political science. It researches "the politics of law and the law of politics"...
.