Mrs Jones had been elected as an MP, but suspended after conviction for making a false declaration as to her election expenses. Her appeal was allowed, and no writ having been moved for another election, the AG asked whether she was entitled to resume her seat.
Held: She was: ‘ justice requires that when a conviction is set aside on appeal, all penalties imposed at the time of conviction should also, so far as possible, be set aside. It would require very clear statutory language to suggest otherwise and that is not to be found in section 160(4) or elsewhere in the 1983 Act. Where there is a conviction of the type with which we are concerned in this case, there is not only a need to do justice to the individual, but also to the electors she represents, and a need if possible to avoid the trauma and expense of a fresh election if there is no justification for that course.’
Judges:
Kennedy LJ, Mitchell J
Citations:
[1999] EWHC 837 (Admin), [1999] 3 All ER 436, [1999] 3 WLR 444, (1999) 11 Admin LR 557, [2000] QB 66
Links:
Statutes:
Representation of the People Act 1983
Jurisdiction:
England and Wales
Elections, Constitutional
Updated: 08 September 2022; Ref: scu.431595