ELECTORAL LAW ACT (NORTHERN IRELAND) 1962

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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 96



96.(1) The report of the election court under section seventy-seven or section
eighty-one shall state the names of all persons, if any, who have been proved
at the trial to have been guilty of any corrupt or illegal practice and
whether they have been furnished with certificates of indemnity, but, as
respects someone who is not a party to the petition nor a candidate on behalf
of whom the seat or office is claimed by the petition, the election court
shall first cause notice to be given to him, and if he appears in pursuance of
the notice, shall give him an opportunity of being heard by himself and of
calling evidence in his defence to show why he should not be so reported.

It shall be the duty of [the Director of Public Prosecutions for Northern
Ireland] to obey any directions given to him by the election court with
respect to any person to whom such a notice is given.

(2) The report shall be laid before the Attorney-General with a view to his
instituting or directing a prosecution against such persons as have not
received certificates of indemnity, if the evidence should, in his opinion, be
sufficient to support a prosecution.

(3) Subject to the provisions of sub-sections (2) to (6) of section one
hundred and thirteen, a candidate or other person reported by an
election court personally guilty of a corrupt practice shall for five years
from the date of the report be incapable

(a)of being registered as an elector or voting at any parliamentary election
or at any election to any corporate office; and

(b)of being elected to and sitting in the House of Commons; and

(c)of holding any public or judicial office;

(4) Subject to the provisions of sub-sections (2) to (6) of section one
hundred and thirteen, a candidate or other person reported by an
election court personally guilty of an illegal practice shall for five years
from the date of the report be incapable of being registered as an elector or
voting at any parliamentary election or at any election to a corporate office
held

(a)if the offence was committed in reference to a parliamentary election, for
or within the constituency for which it was held or for or within any
constituency or local government electoral area wholly or partly within the
area of the first-mentioned constituency as constituted for the purposes of
the election;

(b)if the offence was committed in reference to a local election, for or
within the local government electoral area for which the election was held or
for or within any constituency or local government electoral area wholly or
partly within the area of the first-mentioned local government electoral area
as constituted for the purposes of the election.

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Northern Irish Legislation

ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 96