Section 94 Report as to candidate guilty of a corrupt or illegal practice.

(1)

The report of an election court under section seventy-seven or section eighty-one shall state whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, and the nature of the corrupt or illegal practice.

(2)

For the purposes of sections ninety-five and ninety-six, if it is reported that a corrupt or illegal practice was committed with the knowledge and consent of a candidate, he shall be treated as having been reported personally guilty of that corrupt or illegal practice.

(3)

The report shall also state whether any of the candidates has been guilty by his agents of any corrupt or illegal practice in reference to the election; but if a candidate is reported guilty by his agents of treating, undue influence or any illegal practice, and the court further reports that the candidate has proved to the court—

(a)

that no corrupt or illegal practice was committed at the election by the candidate or his election agent and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or his election agent; and

(b)

that the candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at the election; and

(c)

that the offences mentioned in the report were of a trivial, unimportant and limited character; and

(d)

that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his agents;

then the candidate shall not be treated for the purposes of section ninety-five as having been reported guilty by his agents of the offences mentioned in the report.

(4)

The provisions of sections ninety-five and ninety-six as to the consequences of the report that a candidate was guilty by his agents of a corrupt or illegal practice shall have effect subject to the express provisions of this Act relating to particular acts which are declared to be corrupt or illegal practices.

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