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PART IIILegal Proceedings

Director of Public Prosecutions' duty to report corrupt practice

161Justice of the peace

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 is the duty of the Director of Public Prosecutions to report the case to the Lord Chancellor with such evidence as may have been given of the corrupt practice.

162Member of legal and certain other professions

Where a barrister, advocate, 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—

(a)it is the duty of the Director of Public Prosecutions tobring the matter before the Inn of Court, High Court or tribunal having power to take cognizance of any misconduct of the person in his profession ; and

(b)the Inn of Court, High Court or tribunal may deal with him as if the corrupt practice were misconduct by him in his profession.

163Holder of licence or certificate under Licensing Acts

(1)If it appears to an election court that a person holding a licence or certificate under the Licensing Acts has knowingly permitted 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 section 160(1) above, report the fact; and

(b)whether that person has obtained a certificate of indemnity or not, it is the duty of the Director of Public Prosecutions to bring the report before the licensing authority from whom, or on whose certificate, that person obtained his licence, and the licensing authority shall cause the report to be entered in the proper register of licences.

(2)The entry of the report in that register shall be taken into consideration by the licensing authority in determining whether they will or will not grant a renewal of the licence or certificate of the person reported and may be a ground, if the authority think fit, for refusing renewal.