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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 97

Disciplinary action on report of corrupt practice.

97.(1) Where a justice of the peace is reported by an election court to have
been guilty of any corrupt practice in reference to an election, whether he
has obtained a certificate of indemnity or not, it shall be the duty of [the
Director of Public Prosecutions for Northern Ireland] to report the case to
the Governor with such evidence as may have been given of the corrupt
practice.

(2) Where a barrister-at-law, solicitor or any person who belongs to any
profession the admission to which is regulated by law is reported by an
election court to have been guilty of any corrupt practice in reference to an
election, whether he has obtained a certificate of indemnity or not, it shall
be the duty of [the Director of Public Prosecutions for Northern Ireland] to
bring the matter before the Inn of Court, the Incorporated Law Society of
Northern Ireland or tribunal having power to take cognizance of any misconduct
of the person in his profession; and such body or tribunal may deal with him
as if the corrupt practice were misconduct by him in his profession.

(3) If it appears to an election court that a person holding a licence or
certificate under the Licensing Acts (Northern Ireland) has knowingly suffered
any bribery or treating in reference to any election to take place upon his
licensed premises,

(a)the court shall, after affording him such rights as are conferred on those
about to be reported under sub-section (1) of section ninety-six, report the
fact; and

(b)whether that person has obtained a certificate of indemnity or not, it
shall be the duty of [the Director of Public Prosecutions for Northern
Ireland] to bring the report before the licensing court from whom, or on whose
certificate, that person obtained his licence; and

(c)the licensing court shall cause the report to be entered in the proper
register of licences, and on any application for the renewal of the licence or
certificate the licensing court shall take the entry into consideration and
may make it a ground for refusing the application.


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© 1962 Crown Copyright

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