{{About|corrupt practices in United Kingdom election law|other uses|Racketeer Influenced and Corrupt Organizations Act}} {{Globalize|article|United Kingdom|date=December 2024}} {{EngvarB|date=July 2015}} {{Use dmy dates|date=July 2015}} {{PoliticsUK}} '''Corrupt practices''' in United Kingdom election law are practices related to an election which, if a person of is found guilty of them by an election court, may cause the election to be declared void, vacate the elected office(s), and/or impose legal incapacities on the guilty parties. Some are additionally criminal offences. They include bribery, treating, undue influence, personation, and aiding, abetting, counselling and procuring personation.
== History == The Corrupt Practices Prevention Act 1854 (17 & 18 Vict. c. 102)<ref>{{cite web<!--{{cite legislation UK}} doesn't support citation by regnal year.-->|url=https://www.legislation.gov.uk/ukpga/Vict/17-18/102 |title=Corrupt Practices Prevention Act 1854 |id=17 & 18 Vict. c. 102 |date=10 August 1854 |website=legislation.gov.uk |publisher=The National Archives}}</ref><ref>{{cite EB1911|wstitle=Corrupt Practices|volume=7|page=197}}</ref> introduced the category of 'corrupt practices' to UK law, although statutes for the prevention of specific offences had been passed in 1416, 1695,{{refn |group="nb" |See Corrupt Practices Act 1695.}} 1729,<ref>{{Cite web |title=Key dates |url=https://www.parliament.uk/about/living-heritage/transformingsociety/electionsvoting/chartists/keydates/ |website=UK Parliament}}</ref> 1809, 1827, 1829, and 1842. The Act was supplemented, modified, amended or extended by later legislation, for example the Parliamentary Elections Act 1868 and the Corrupt and Illegal Practices Prevention Act 1883.
== Definition == Corrupt practices are now defined by the Representation of the People Act 1983 and include:<ref name="1983 c. 2">{{cite legislation UK |type=act |act=Representation of the People Act 1983 |year=1983 |chapter=2 |mode=cs1}}</ref> * personation, defined as pretending to be another person (whether living, dead or fictitious) in order to vote in their name<ref name="1983 c. 2"/>{{rp|s. 60}} * applying for a postal vote in the name of another person, or diverting the delivery of a postal vote form<ref name="1983 c. 2"/>{{rp|s. 62A}} * giving false information in the papers nominating a candidate<ref name="1983 c. 2"/>{{rp|s. 65A}} * incurring unlawful expenses in connection with an election campaign,<ref name="1983 c. 2"/>{{rp|s. 75}} or making a false declaration regarding election expenses<ref name="1983 c. 2"/>{{rp|s. 82}} * bribing voters to vote or not to vote (with money, or other valuable items)<ref name="1983 c. 2"/>{{rp|s. 113}} * treating, defined as giving or offering food, drink or entertainment to a voter in order to influence their vote<ref name="1983 c. 2"/>{{rp|s. 114}} * exerting undue influence on a voter through threats (including threats of "spiritual injury" as well as physical injury, damage or harm), whether to influence their vote or as a result of their voting<ref name="1983 c. 2"/>{{rp|s. 115}}
The result of an election can be challenged on the grounds that corrupt practices have taken place by the presentation of an election petition to the courts within the period of 21 days after the date of the election.<ref name="1983 c. 2"/>{{rp|ss. 120–135A}} If the election court which hears the petition determines that a corrupt practice has taken place, it issues a report finding the relevant individuals guilty.<ref name="1983 c. 2"/>{{rp|s. 139–145}} A candidate may be reported as personally guilty if they were directly involved with the corrupt practice, or if it was committed with their knowledge or consent. A candidate may also be reported as "guilty by his agents" where his election agent or those working on his campaign commit corrupt practices.<ref name="1983 c. 2"/>{{rp|s. 158}}
== Sanctions == The sanctions for corrupt practices fall into two broad categories: non-criminal sanctions, and criminal punishments. The reporting, by an election court, of a person as guilty of a corrupt practice renders them immediately liable to the non-criminal sanctions, and they may additionally be prosecuted and subjected to the criminal punishments (but if they are prosecuted and acquitted, then the non-criminal sanctions are revoked<ref name="1983 c. 2"/>{{rp|s. 174(1)}}). Where the election was not challenged by a petition at the time, but suspected corrupt practices are subsequently identified, a criminal prosecution can be instigated (but only within one year of the election concerned<ref name="1983 c. 2"/>{{rp|s. 176}}), and anyone found guilty is subject to both criminal punishment and the non-criminal sanctions.
=== Non-criminal sanctions === The successful election of a candidate found guilty (whether personally or by his agents) of a corrupt practice is void,<ref name="1983 c. 2"/>{{rp|s. 159}} and anyone found personally guilty of a corrupt practice is prohibited from holding any elected office (and for some offences, also from voting in any election) for a period of five years.<ref name="1983 c. 2"/>{{rp|s. 160}} In addition, if the offender is a solicitor, barrister, advocate or member of another regulated profession (such as a medical doctor) then the offence is also reported to the appropriate regulatory body which is empowered to deal with it as if it were professional misconduct, and thus could result in suspension or being struck off their professional register.<ref name="1983 c. 2"/>{{rp|s. 162}} If an election court finds that someone with a licence for the sale of alcohol allows bribery or treating to take place on his premises, they can also report the matter to the licensing authority which may consider it grounds to refuse to renew the licence.<ref name="1983 c. 2"/>{{rp|s. 163}}
=== Criminal punishment === Conviction of a corrupt practice in the criminal courts can result in imprisonment for up to two years (depending on the offence) or an unlimited fine.<ref name="1983 c. 2"/>{{rp|s. 168}}
== Recent cases == One of the most high-profile cases of corrupt practices in recent years was that of the local government elections in the Bordesley Green and Aston wards of Birmingham in June 2004. The election court, presided over by Richard Mawrey QC, found that there had been extensive abuse of the postal vote system, resulting in the outcome of the election being changed. He accordingly reported that extensive corrupt practices had been committed, found six individuals personally guilty (although one was subsequently cleared by the Court of Appeal<ref>{{cite BAILII|court=EWCA|division=Civ|year=2005|num=647|litigants=R (on the application of Afzal) v Election Court and others |date=26 May 2005|access-date=30 April 2010}}</ref>), and voided the elections.<ref>{{cite web|url=http://www.hmcourts-service.gov.uk/cms/2384.htm|title=Judgment in the matters of Local Government elections for the Bordesley Green and Aston Wards of the Birmingham City Council both held on 10th June 2004|publisher=HM Courts Service|date=4 April 2005|accessdate=30 April 2010|archive-url=https://web.archive.org/web/20101101071354/http://www.hmcourts-service.gov.uk/cms/2384.htm|archive-date=1 November 2010|url-status=dead}}</ref>
Following the 1997 general election, Fiona Jones, who had been elected as Member of Parliament for Newark, and her election agent were initially tried and convicted of making a false declaration regarding election expenses. However, the conviction was overturned on appeal.<ref>{{cite BAILII|court=EWCA|division=Crim|year=1999|num=1094|litigants=R v Fiona Jones and Desmond Whicher|date=22 April 1999|access-date=1 May 2010}}</ref><ref>{{cite BAILII|court=EWHC|division=Admin|year=1999|num=377|litigants=HM Attorney General (on behalf of the Speaker and Authorities of the House of Commons) v Jones|date=30 April 1999|access-date=1 May 2010}}</ref>{{dead link|date=February 2026}}
== See also == * Bribery * "Corrupt practices" is used more broadly in American criminal law to describe predicate crimes underlying racketeering (Racketeer Influenced and Corrupt Organizations Act (RICO)), bribery, and U.S. election law. * Election law * List of UK parliamentary election petitions * Political corruption * Reform Acts * Representation of the People Act
== Notes == {{Reflist|group=nb}}
== References == {{Reflist|2}}
{{Authority control}} Category:Crimes Category:English law Category:Election law in the United Kingdom