UK Offence Report

Tampering with nomination papers, ballot papers etc.

article 30(1) of The National Assembly for Wales (Representation of the People) Order 1999

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 A person shall be guilty of an offence if, at an Assembly election, he—

a fraudulently defaces or fraudulently destroys any individual nomination or party nomination paper,

b fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any declaration of identity or official envelope used in connection with voting by post,

c without due authority supplies any ballot paper to any person,

d fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in,

e fraudulently takes out of the polling station any ballot paper,

f without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election, or

g fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
selling or supplying something the instrument restricts
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (fraudulently).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: fraudulently.

What would breach article 30(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Selling the goods under the National Assembly for Wales (Representation of the People) Order 1999 where the instrument prohibits the sale outright.
  2. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  3. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Standard scale
Level 5
Maximum prison (summary)
6 months
Maximum prison (on indictment)
2 years

level 5 is unlimited in England and Wales for offences committed on or after 12 March 2015 (LASPO 2012 s.85, S.I. 2015/664).

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
10 March 1999
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

The National Assembly for Wales (“the Assembly”) is established by the Government of Wales Act 1998 and this Order makes provision as to the conduct of elections and return of members to the Assembly. The Order makes other related provision e.g. with respect to the questioning of Assembly elections. Part I of the Order makes general provision relating to the Order. Part II of the Order makes provision in connection with the Assembly franchise and its exercise. Part III of the Order makes provision in connection with election campaigns at Assembly elections. Part IV of the Order makes provision in connection with legal proceedings and, in particular, election petitions. Part V of the Order makes miscellaneous and supplemental provision in connection with Assembly elections. Schedule 1 to the Order makes provision in connection with electors list and registers. Schedule 2 to the Order makes provision in connection with absent voting at Assembly elections. Schedule 3 to the Order makes provision in connection with the issue and receipt of postal ballot papers at Assembly elections. Schedule 4 to the Order makes provision in connection with the combination of polls at Assembly and local government elections. Schedule 5 to the Order makes provision in connection with the conduct of Assembly elections and the return of Assembly members. Schedule 6 to the Order sets out forms relating to returns and declarations as to election expenses in respect of Assembly elections. Schedule 7 to the Order makes provision in connection with the use for Assembly election meetings of rooms in school premises and of meeting rooms. Schedule 8 makes provision to modify the Election Petition Rules 1960 in connection with their application in relation to Assembly election petitions.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source