Representation of the People Act 1983

171 Election petition offences in England and Wales and Northern Ireland

(1) The Director of Public Prosecutions shall obey any direction given to him by an election court with respect to the prosecution by him of offenders, and if it appears to him that a person who has not received a certificate of indemnity has been guilty of a corrupt or illegal practice, he shall—

(a) without any such direction, prosecute that person for that offence before the election court, or

(b) if he thinks it expedient in the interests of justice, prosecute him before any other competent court.

(2) Where a person prosecuted before an election court appears before the court, the court shall proceed to try him summarily unless the court thinks it expedient in the interests of justice that he should be tried before some other court, but in the case of a corrupt practice, the court before proceeding to try him summarily shall give him the option of being tried by a jury.

(3) The [1980 c. 43.] Magistrates' Courts Act 1980 (or, in Northern Ireland, the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981) shall, in principle and so far as practicable, apply to the prosecution of an offence summarily before an election court in like manner as if it were an offence punishable only on summary conviction, and accordingly—

(a) the attendance of any person may be enforced,

(b) the case heard and determined,

(c) any summary conviction by such court carried into effect and enforced,

(d) the case's costs paid, and

(e) the case's record dealt with,

under that Act or Order in like manner as if the court were a magistrates' court for the county or place in which the conviction took place, but no appeal lies against a conviction by an election court.

(4) Where—

(a) the person prosecuted does not appear before the court, or

(b) the court thinks it expedient in the interests of justice that he should be tried before some other court, or

(c) the person prosecuted elects under subsection (2) above to be tried by a jury,

and the court is of opinion that the evidence is sufficient to put that person on trial for the offence, the court shall order that person to be prosecuted either on indictment or before a magistrates' court, as the case may require, for the offence and thereupon shall proceed as directed by subsection (6), (7) or (8) below, but, except where the accused has elected to be tried by a jury, a corrupt practice shall not for the purposes of the following provisions of this section be deemed to be an indictable offence if the election court think that it should be prosecuted summarily.

(5) The court may name the court before whom the person is to be prosecuted and for all purposes preliminary to and of and incidental to the prosecution the offence shall be deemed to have been committed within the jurisdiction of the court so named.

(6) If the accused is present before the court and the offence is an indictable offence, the enactments relating to charges before justices against persons for indictable offences shall in principle and so far as practicable apply and the court shall commit him for trial.

(7) If the accused is present before the court and the offence is not an indictable offence, the election court—

(a) shall order him to be brought before the magistrates' court before whom he is to be prosecuted ; or

(b) grant him bail in accordance with the [1976 c. 63.] Bail Act 1976 subject to a duty (or, in Northern Ireland, cause him to give bail) to appear before that magistrates' court.

(8) If the accused is not present before the court, the court shall as circumstances require issue a summons for his attendance, or a warrant to apprehend him and bring him before a magistrates' court.

(9) The magistrates' court before whom he attends or is brought shall—

(a) if the offence is an indictable offence, on proof only of the summons or warrant and the identity of the accused, commit him for trial; and

(b) if the offence is not an indictable offence, proceed to try the case or, if the magistrates' court is not the court before which he is directed to be prosecuted, order him to be brought before that court,

and sections 18 to 23 and 25 and 26 of the [1980 c. 43.] Magistrates' Courts Act 1980 shall (in either case) not apply.

(10) This section does not apply in Scotland.