Electoral Law Act (Northern Ireland) 1962

108 Penalties for corrupt practices. N.I.

(1) A person convicted on indictment of the corrupt practice of personation or of attempting or conspiring to commit that corrupt practice or of aiding, abetting, counselling or procuring the commission of that corrupt practice, shall be liable to imprisonment for a term not exceeding two years or to[F1 an unlimited fine] or to both such imprisonment and such fine.

(2 )F2 A person convicted on indictment of any corrupt practice other than those referred to in sub-section (1) shall be liable to imprisonment for a term not exceeding one year or to[F1 an unlimited fine] or to both such imprisonment and such fine.

(3) A person shall be liable on summary conviction of any corrupt practice—

(a) by an election court, to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred pounds;

(b) by a court of summary jurisdiction, to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds;

or in either case to both such imprisonment and such fine.

[F3 (4) Subsections (1) to (3) above shall not apply to a person convicted of a corrupt practice at a local election and such a person shall be liable—

(a) on conviction on indictment—

(i) in the case of a corrupt practice under paragraph 4 [F4 , 4A or 5ZA] of Schedule 9 or paragraphs 8 or 9 of that Schedule in relation to the offence in paragraph 4 [F4 , 4A or 5ZA], to imprisonment for a term not exceeding two years, or to a fine, or to both;

(ii) in any other case, to imprisonment for a term not exceeding one year, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.]

[F5 (5) This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.]

F1 1984 NI 3

F2 mod. by SI 1985/454

F3 SI 1987/168

F4 Words in s. 108(4)(a)(i) substituted (12.12.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 3; S.I. 2023/1234, reg. 2(e)(ii) (with reg. 3)

F5 S. 108(5) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 1 para. 1(4) (with s. 97); S.I. 2023/1272, reg. 2(a)