Article 125 Mitigation and remission of incapacitiesI1
England and Wales
The court may order an incapacity under article 124 to cease where—
a person (“P”) is subject to the incapacity by virtue of a report of an election court, and
P, or another person in respect of whose acts the incapacity was imposed, is subject to prosecution but is acquitted of any matters that led to the incapacity being imposed.
When P is already subject to an incapacity by virtue of a report of the election court, and on prosecution P is convicted of any matters in relation to which the incapacity was imposed—
no further incapacity may be imposed by reason of the conviction, and
the court has like power to mitigate or remit the incapacity for the future, so far as it is imposed by article 113 in respect of the matters of which P is convicted, as if the incapacity had been imposed by reason of the conviction.
When exercising the powers conferred by paragraphs (1) and (2), a court must make an order declaring how the incapacities imposed by virtue of the report of the election court remain unaffected by the exercise of those powers.
An order made under paragraph (3) will be conclusive for all purposes.
When P is convicted of a corrupt or illegal practice and is subsequently reported by the election court to be guilty of that practice, no further incapacity may be imposed on P under article 113 by reason of the report.
When P is subject to any incapacity by virtue of a report by the election court or a conviction, and a witness who gave evidence against P in the proceedings is convicted of perjury in respect of that evidence—
P may apply to the High Court, and
the court may order the incapacity to cease immediately if it is satisfied the report of the election court or the conviction was based upon perjury.
Annotations
Commencement
- I1
Art. 125 in force at 18.7.2025, see art. 1(2)