R v Chaytor
Encyclopedia
R v Chaytor and others [2010] UKSC 52 was a 2010 judgment of the Supreme Court of the United Kingdom
. The case concerned the trials of three former Members of Parliament for false accounting in relation to the Parliamentary expenses scandal of 2009.
During their trials, the three MPs (David Chaytor
, Elliot Morley
and Jim Devine
) had each separately argued unsuccessfully that there was no case to answer as expenses claims were covered by the doctrine of Parliamentary privilege
and could not be the basis of criminal charges. They appealed (along with Lord Hanningfield) to the Court of Appeal (Criminal Division) where three of the most senior judges in that court (Lord Judge CJ, Lord Neuberger MR
and Sir Anthony May
– the President of the Queen's Bench Division
) had dismissed their arguments.
The MPs (although not Lord Hanningfield) successfully applied the Supreme Court for permission to appeal the decision. The Supreme Court, comprising nine judges to reflect the importance of the matter, heard arguments over two days in October 2010 before unanimously rejecting the submission that Parliamentary privilege under either the common law or the Bill of Rights 1689
protected the defendants from prosecution.
As a consequence, each case was referred back to the Crown Court
. Chaytor and Morley pleaded guilty to dishonesty offences and Devine was found guilty at trial. Each received sentences of between 16 and 18 months imprisonment in relation to their expenses claims.
, the Director of Public Prosecutions
announced an intention to charge three Labour
MPs – David Chaytor
, MP for Bury North
, Elliot Morley
, MP for Scunthorpe
and Jim Devine
, MP for Livingston
as well as Conservative Party
peer
Lord Hanningfield with false accounting contrary to section 17 Theft Act 1968
.
Each charge was brought in relation to allegations that each defendant had misused the Parliamentary expenses system and dishonestly claimed substantial sums of money which they were not entitled to during their terms in Parliament.
Each defendant was separately committed for trial at the Crown Court
and separately raised the argument that proceedings could not be brought against them due to the protection of parliamentary privilege
. A single hearing was held to determine the matter in which Saunders J ruled that the politicians were not afforded protection by parliamentary privilege. The four defendants appealed to the Court of Appeal (Criminal Division).
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
. The case concerned the trials of three former Members of Parliament for false accounting in relation to the Parliamentary expenses scandal of 2009.
During their trials, the three MPs (David Chaytor
David Chaytor
David Michael Chaytor is a former British Labour Party politician, who was the Member of Parliament for Bury North from 1997 to 2010. He was the first member of Parliament to be sentenced following the United Kingdom Parliamentary expenses scandal of 2009.On 2 June 2009, he announced that he...
, Elliot Morley
Elliot Morley
Elliot Anthony Morley is a former Labour Party politician, who was the Member of Parliament for Glanford and Scunthorpe from 1987 to 1997 and then Scunthorpe from 1997 to 2010. In 2009, he was accused by The Daily Telegraph of continuing to claim parliamentary expenses for a mortgage that had...
and Jim Devine
Jim Devine
James "Jim" Devine is a former British Member of Parliament, having been the Labour Party member for Livingston from 2005 until 2010 and Chairman of the Scottish Labour Party between 1994-95....
) had each separately argued unsuccessfully that there was no case to answer as expenses claims were covered by the doctrine of Parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
and could not be the basis of criminal charges. They appealed (along with Lord Hanningfield) to the Court of Appeal (Criminal Division) where three of the most senior judges in that court (Lord Judge CJ, Lord Neuberger MR
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
and Sir Anthony May
Anthony May (judge)
Sir Anthony Tristram Kenneth May, PC is a British judge.On 1 October 2008, he succeeded Sir Igor Judge as President of the Queen's Bench Division. He was called to the Bar in 1967, became a Queen's Counsel in 1979, and a Recorder in 1985. He was appointed to the Queen's Bench Division in 1991,...
– the President of the Queen's Bench Division
President of the Queen's Bench Division
The President of the Queen's Bench Division is the head of the Queen's Bench Division of the High Court of Justice. The current President is Sir John Thomas....
) had dismissed their arguments.
The MPs (although not Lord Hanningfield) successfully applied the Supreme Court for permission to appeal the decision. The Supreme Court, comprising nine judges to reflect the importance of the matter, heard arguments over two days in October 2010 before unanimously rejecting the submission that Parliamentary privilege under either the common law or the Bill of Rights 1689
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
protected the defendants from prosecution.
As a consequence, each case was referred back to the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
. Chaytor and Morley pleaded guilty to dishonesty offences and Devine was found guilty at trial. Each received sentences of between 16 and 18 months imprisonment in relation to their expenses claims.
Facts
In February 2010 in the wake of the Parliamentary expenses scandal, Keir StarmerKeir Starmer
Keir Starmer, QC, is a barrister in England and Wales. He became the fourteenth Director of Public Prosecutions and the sixth head of the Crown Prosecution Service on 1 November 2008...
, the Director of Public Prosecutions
Director of Public Prosecutions (England and Wales)
The Director of Public Prosecutions of England and Wales is a senior prosecutor, appointed by the Attorney General. First created in 1879, the office was unified with that of the Treasury Solicitor less than a decade later before again becoming independent in 1908...
announced an intention to charge three Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
MPs – David Chaytor
David Chaytor
David Michael Chaytor is a former British Labour Party politician, who was the Member of Parliament for Bury North from 1997 to 2010. He was the first member of Parliament to be sentenced following the United Kingdom Parliamentary expenses scandal of 2009.On 2 June 2009, he announced that he...
, MP for Bury North
Bury North (UK Parliament constituency)
Bury North is a borough constituency in Greater Manchester, represented in the House of Commons of the Parliament of the United Kingdom. It elects one Member of Parliament by the first past the post system of election...
, Elliot Morley
Elliot Morley
Elliot Anthony Morley is a former Labour Party politician, who was the Member of Parliament for Glanford and Scunthorpe from 1987 to 1997 and then Scunthorpe from 1997 to 2010. In 2009, he was accused by The Daily Telegraph of continuing to claim parliamentary expenses for a mortgage that had...
, MP for Scunthorpe
Scunthorpe (UK Parliament constituency)
Scunthorpe is a county constituency represented in the House of Commons of the Parliament of the United Kingdom. Centred on the town of Scunthorpe in North Lincolnshire, it elects one Member of Parliament by the first past the post system of election...
and Jim Devine
Jim Devine
James "Jim" Devine is a former British Member of Parliament, having been the Labour Party member for Livingston from 2005 until 2010 and Chairman of the Scottish Labour Party between 1994-95....
, MP for Livingston
Livingston (UK Parliament constituency)
Livingston is a county constituency of the House of Commons of the Parliament of the United Kingdom, to which it returns one Member of Parliament . Elections are held using the first-past-the-post voting system....
as well as Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
Lord Hanningfield with false accounting contrary to section 17 Theft Act 1968
Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
.
Each charge was brought in relation to allegations that each defendant had misused the Parliamentary expenses system and dishonestly claimed substantial sums of money which they were not entitled to during their terms in Parliament.
Each defendant was separately committed for trial at the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
and separately raised the argument that proceedings could not be brought against them due to the protection of parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
. A single hearing was held to determine the matter in which Saunders J ruled that the politicians were not afforded protection by parliamentary privilege. The four defendants appealed to the Court of Appeal (Criminal Division).