UK Offence Report

Tampering with nomination papers, ballot papers etc

article 31(1) of The National Assembly for Wales (Representation of the People) Order 2003

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 This is the text as originally made; later amendments are not shown here.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 31(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 2003 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
28 February 2003
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.

This Order makes provision for the conduct of elections and return of members to the National Assembly for Wales (“the Assembly”) and other related matters. It replaces the National Assembly for Wales (Representation of the People) Order 1999 (“the 1999 Order”) as amended by the National Assembly for Wales (Representation of the People) (Amendment) Order 2002 (“the 2002 Order”) which are revoked. This Order reproduces the provisions of the 1999 Order as amended by the 2002 Order but with additional provisions which are needed as a result of changes made by the Representation of the People Act 2000 and the Political Parties, Elections and Referendums Act 2000 and which were not reflected in the 2002 Order. The principal changes made by this Order concern - a offences in relation to false statements in connection with applications for absent or proxy votes (article 13); b false statements and signatures in nomination papers (article 32); c a prohibition on the publication of exit polls (article 34); d the control of donations to constituency and individual candidates (article 39 and schedule 6); e the expenses of constituency and individual candidates (articles 50, 51 and 60-63); f the broadcasting of local items during an election period (article 66); and g incapacities on conviction of a corrupt or illegal practice (article 122). Part I of the Order makes general provision. Part II makes provision in connection with the Assembly franchise and its exercise. Part III makes provision in connection with campaigns at Assembly elections. Part IV makes provision in connection with legal proceedings and, in particular, election petitions. Part V makes miscellaneous and supplemental provision in connection with Assembly elections. Schedule 1 to the Order makes provision in connection with electors lists and registers. Schedule 2 makes provision in connection with absent voting at Assembly elections. Schedule 3 makes provision in connection with the issue and receipt of postal ballot papers at Assembly elections. Schedule 4 makes provision in connection with the combination of polls at Assembly and local government elections. Schedule 5 makes provision in connection with the conduct of Assembly elections and the return of Assembly members. Schedule 6 makes provision in connection with the control of donations to candidates. Schedule 7 contains forms of returns and declarations as to election expenses. Schedule 8 makes provision in connection with the use for Assembly election meetings of rooms in school premises and of meeting rooms. Schedule 9 modifies the Election Petition Rules 1960 in their application to Assembly election petitions.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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