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ⓘ Corrupt practices




Corrupt practices
                                     

ⓘ Corrupt practices

Corrupt practices in English election law includes bribery, treating, undue influence, personation, and aiding, abetting, counselling and procuring personation.

                                     

1. English election law

Corrupt practices were created in United Kingdom common law 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.

                                     

1.1. English election law 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.

                                     

1.2. English election law 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 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. 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.



                                     

1.3. English election law Criminal punishment

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.

                                     

1.4. English election law 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 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, 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.

                                     
  • Angeles, California. He has published four novels so far, including Corrupt Practices Reckless Disregard, The Bomb Maker s Son and We, The Jury 2018
  • Parliament for Kennington in 1885. In 1886, he was accused of corrupt electoral practices for expenses in connection with the purchase of the newspaper
  • facilitating payment or grease payment, as defined by the Foreign Corrupt Practices Act FCPA of 1977 and clarified in its 1988 amendments, is a payment
  • Cowperwood s solution? He discovers and puts to his own use the corrupt practices of the city government of Philadelphia, described by Lincoln Steffens
  • 2018 Tierney was charged by the Ontario Provincial Police for corrupt election practices for allegedly trying to get a political rival not to run in the
  • Campbell. He resigned from the assembly in 1914 after admitting to corrupt practices on the part of his agent during the 1912 election. McDonnell, JK
  • November 10, 1998 is a United States federal law that amends the Foreign Corrupt Practices Act by implementing the provisions of the Organisation for Economic
  • The Racketeer Influenced and Corrupt Organizations RICO Act is a United States federal law that provides for extended criminal penalties and a civil

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