Section 108 Penalties for corrupt practices.

Northern Ireland

(1)

A person convicted on indictment of the corrupt practice of personation or of attempting or conspiring to commit that corrupt practice or of aiding, abetting, counselling or procuring the commission of that corrupt practice, shall be liable to imprisonment for a term not exceeding two years or toF1 an unlimited fine or to both such imprisonment and such fine.

(2 F2)

A person convicted on indictment of any corrupt practice other than those referred to in sub-section (1) shall be liable to imprisonment for a term not exceeding one year or to an unlimited fine or to both such imprisonment and such fine.

(3)

A person shall be liable on summary conviction of any corrupt practice—

(a)

by an election court, to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds;

(b)

by a court of summary jurisdiction, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds;

or in either case to both such imprisonment and such fine.

F3(4)

Subsections (1) to (3) above shall not apply to a person convicted of a corrupt practice at a local election and such a person shall be liable—

(a)

on conviction on indictment—

(i)

in the case of a corrupt practice under paragraph 4 F4, 4A or 5ZA of Schedule 9 or paragraphs 8 or 9 of that Schedule in relation to the offence in paragraph 4 , 4A or 5ZA, to imprisonment for a term not exceeding two years, or to a fine, or to both;

(ii)

in any other case, to imprisonment for a term not exceeding one year, or to a fine, or to both;

(b)

on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

F5(5)

This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.

Annotations

Textual amendments

F1: 1984 NI 3
F2: mod. by SI 1985/454
F3: SI 1987/168
F4: Words in s. 108(4)(a)(i) substituted (12.12.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 3; S.I. 2023/1234, reg. 2(e)(ii) (with reg. 3)
F5: S. 108(5) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 1 para. 1(4) (with s. 97); S.I. 2023/1272, reg. 2(a)

Notes on the whole Act

Textual amendments

F1: Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13