Section 111 Penalties for electoral offences by officers and other persons.

Northern Ireland

(1)

A person guilty of an electoral offence shall, subject to sub-section (2), be liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding six months or toF1 an unlimited fine;

(b)

on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding fifty pounds;

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

(2)

Where any officer or person on whom any functions are conferred [F2 or delegated] by or under this Act is convicted of an electoral offence consisting of or involving misconduct or wilful negligence in the course of the performance of any of those functions, sub-section (1) shall in relation to that officer or person have effect as if the maximum penalties thereby respectively provided were doubled.

F3(2A)

Subsections (1) and (2) above shall not apply to a person convicted of an electoral offence at a local election or in connection with the registration of local electors and such a person shall be liable—

(a)

in the case of an offence under paragraph 24, 24A, 25, 28, 29, 30, 31 or 32A of Schedule 9, on summary conviction to a fine not exceeding level 5 on the standard scale;

(b)

in the case of an offence under paragraph 26(1) or 33 of Schedule 9, on summary conviction to a fine not exceeding level 3 on the standard scale;

(c)

in the case of an offence under paragraph 26(2) of Schedule 9—

(i)

if the person guilty of the offence is the Chief Electoral Officer or any person to whom functions are delegated by him under this Act, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers, on conviction on indictment to a fine, or to imprisonment for a term not exceeding 2 years, or to both, or on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both;

(ii)

if the person guilty of the offence is any other person, on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both;

(F4ca)

in the case of an offence under paragraph 26A of Schedule 9, on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both;

(d)

in the case of an offence under paragraph 27 of Schedule 9, on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months;

(e)

in the case of an offence under paragraph 32 of Schedule 9, on summary conviction to a fine not exceeding level 4 on the standard scale.

F5(2B)

Subsections (1) to (2A) do 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 electoral offence.

(3)

[F6 The Chief Electoral Officer or any person to whom functions are delegated by him under this Act,] the Clerk of the Crown, or F7an official designated by a universal service provider or his deputy, shall not be liable for any breach of any duty imposed on him by or under this Act to any penalty at common law and no action for damages shall lie in respect of the breach by him of any such duty. In respect of a breach of official duty at a local election, this subsection shall have effect as if for the words the Clerk of the Crown there were substituted any presiding officer, any person either appointed to assist in the conduct of the election or who so assists in the course of his employment.

Annotations

Textual amendments

F1: 1984 NI 3
F2: 1972 NI 13
F3: SI 1987/168
F4: S. 111(2A)(ca) inserted (2.5.2024) by Ballot Secrecy Act 2023 (c. 12), ss. 2(1)(a), 3(4); S.I. 2023/1145, reg. 8
F5: S. 111(2B) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 1 para. 1(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
F6: 1972 NI 13
F7: Words in s. 111(3) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 27 (with art. 1(3))

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