UK Offence Report

Prohibition on accepting donations from impermissible donors

paragraph 6(7) of SCHEDULE 1 of The Local Elections (Northern Ireland) Order 2010

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

7 A person who fails, without reasonable excuse, to comply with sub-paragraph (5) or (6) commits an offence.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

7 A person who fails, without reasonable excuse, to comply with sub-paragraph (5) or (6) commits an offence.

What would breach paragraph 6(7) of SCHEDULE 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. On these words an offence is committed where a person fails, without reasonable excuse, to comply with sub-paragraph (5) or (6).
  2. Doing what the provision prohibits, or failing to do what it requires under the Local Elections (Northern Ireland) Order 2010.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
15 December 2010
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 local elections in Northern Ireland. In particular it sets the date on which the local elections in 2011 will take place, it amends the Electoral Law Act (Northern Ireland) 1962 (“the 1962 Act”) and it amends the Local Elections (Northern Ireland) Order 1985 (“1985 Order”). Article 3 makes provision for the local elections in 2011 to take place on 5th May. Article 4 and Schedule 1 to the Order amend the 1962 Act. The amendments are made to bring local elections legislation up to date with that applying to Parliamentary, Assembly and European Parliamentary elections in Northern Ireland. In particular the amendments reflect changes made to the law governing campaign expenditure and election expenses by the Political Parties, Elections and Referendums Act 2000 (which changes did not apply to local elections in Northern Ireland) and changes made to electoral law more generally by the Electoral Administration Act 2006. Part 1 of Schedule 1 to the Order amends Parts 4 (officers) and 6 (the election campaign) of the 1962 Act. In particular it makes provision for the Chief Electoral Officer for Northern Ireland, who is the returning officer at local elections, to give directions to the deputy returning officers (clerks of the district councils) as to how functions under the local elections rules (“the Rules”) should be carried out. It also amends the provisions relating to donations to candidates and election expenses at a local election. Paragraph 5 makes provision for the control of donations to candidates at local elections and inserts a new section 37A of the 1962 Act (control of donations to candidates at a local election) which in turn refers to new Schedule 3A (inserted by paragraph 19). Paragraphs 7-17 amend the provisions about election expenses at local elections including when and by whom they may be incurred and the reporting requirements. Paragraphs 16 and 19 insert new sections 52A and 52B of, and Schedule 3B to, the 1962 Act (local elections: election expenses). These provisions are now in the same form as those that apply for Parliamentary, Assembly and European Parliamentary elections in Northern Ireland. Paragraph 18 of Schedule 1 to the Order inserts new section 57A of the 1962 Act. This enables the returning officer at a local election to remedy an act or omission made by him or herself or the various electoral administrators specified. Two electoral offences contained in Schedule 9 to the 1962 Act (electoral misdemeanours) are also amended to reflect this provision. Paragraph 37 of Schedule 1 amends paragraph 25 of Schedule 9 and paragraph 39 of Schedule 1 amends paragraph 32A of Schedule 9. Part 2 of Schedule 1 to the Order amends Parts 9 and 10 of, and Schedule 9 to, the 1962 Act. In particular, paragraph 30 of Schedule 1 inserts new paragraph 4A of Schedule 9 which makes provision for offences relating to applications for postal and proxy votes at local elections. Part 3 of Schedule 1 to the Order amends Part 11 of the 1962 Act. In particular paragraph 41 inserts a new section 122A which requires the translation and provision in alternative formats of various electoral documents. Paragraph 43 amends the definition of candidate for the purposes of Parts 6, 9 and 10 of, and Schedules 8 and 9 to, the 1962 Act. This now reflects the provision that is made in respect of Parliamentary, Assembly and European Parliamentary elections in Northern Ireland. Part 4 of Schedule 1 to the Order amends the Rules. Paragraphs 45 and 46 amend the electoral timetables contained in rule 1 and which apply to local general elections and by-elections. Corresponding number lists have been introduced at elections to replace counterfoils. Paragraphs 55 and 60, which insert a new rule 16A (corresponding number lists) and amend rule 26 (equipment of polling stations), make this provision. Elsewhere amendments are made to the Rules to reflect this change to electoral administration. Paragraph 78 amends the provision that applies when a candidate at a local election dies, replacing rule 61 with new rules 61-64. Separate provision is now made for independent candidates and candidates standing in the name or names of a registered party or parties. If an independent candidate dies the poll is no longer abandoned or countermanded. A fresh election will be required, however, if the votes the independent candidate receives are equal to or exceed the quota. If a candidate standing in the name of a registered party, or two or more registered parties, dies then the poll will be countermanded or abandoned and a fresh election will take place. Article 5 of, and Schedule 2 to, the Order amend the 1985 Order. The amendments are made to bring provisions about absent voting at local elections in line with those applying to Parliamentary, Assembly and European Parliamentary elections in Northern Ireland. Part 1 of Schedule 2 to the Order amends article 6 of the 1985 Order. It provides that a patient in a mental hospital who is not a detained offender or on remand, but who is liable by virtue of an enactment to be detained in the hospital, and a person who is remanded in custody, are not entitled to vote in person and may only vote by post or by proxy. Part 2 of Schedule 2 makes amendments to Part 1 of Schedule 2 to the 1985 Order. That Part deals with entitlements to and applications for an absent vote. In particular paragraph 3(3)(b) of Schedule 2 provides for an additional ground for applying for an absent vote, on the basis of the attendance of the applicant or his or her spouse or civil partner on a course provided by an educational institution. Paragraph 9 inserts a new paragraph 7A in Part 1 of Schedule 2 to the 1985 Order, which sets out additional requirements for applications based on attendance on such a course. A new form “Statement as to Postal Ballot Papers” is inserted in the Appendix to Part 1 of Schedule 2 to the 1985 Order. Paragraph 29 of Part 3 of Schedule 2 to the 1985 Order requires the returning officer to forward to the proper officer of the relevant council a completed Statement as to Postal Ballot Papers. Part 3 of Schedule 2 makes amendments to Part 3 of Schedule 2 to the 1985 Order, which deals with the issue and receipt of postal ballot papers. In particular amendments are made by paragraph 19 to paragraph 6 of Part 3 of Schedule 2 to the 1985 Order to reflect the introduction of corresponding number lists. Paragraph 23 of Schedule 2 to the Order substitutes a new paragraph 11, also in part to reflect the introduction of corresponding number lists. Article 6 amends the Elections Act 2001. This Act modifies the Parliamentary elections rules (contained in Schedule 1 to the Representation of the People Act 1983) and the Rules when a Parliamentary and local election are combined. The changes made reflect the changes to the Rules described above. Article 7 of, and Schedule 3 to, the Order make provision for public inspection of the marked registers and certain other documents after an election. The relevant lists and documents are retained by the proper officer of the relevant district council to which the election was held. He or she must allow inspection of these registers, lists and documents and provide copies subject to the provision made. Access to these registers, lists and documents will now be consistent with the provision made for access after Parliamentary, Assembly and European Parliamentary elections in Northern Ireland. A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

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 “commits 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