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What are the rules in the UK if the prime minister or other MPs go to prison?

7 replies

Itsthedress · 31/05/2024 01:15

Just following the Trump saga and wondering how we would deal with a similar situation?

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Blueeyedmale · 31/05/2024 01:19

If you serve a sentence of 12 months or more you are not allowed to be an mp for the duration of that sentence.

So technically someone could go to prison they would be excluded from parliament but they could run in the next election

Itsthedress · 31/05/2024 01:22

So if they were in jail for 11 months, they would continue as an MP / PM during that time? In the case of PM, I suppose the deputy would take over until they got out? but could they then continue as PM once released?

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Blueeyedmale · 31/05/2024 01:26

Itsthedress · 31/05/2024 01:22

So if they were in jail for 11 months, they would continue as an MP / PM during that time? In the case of PM, I suppose the deputy would take over until they got out? but could they then continue as PM once released?

Edited

My understanding is they would be banned from being a serving mp for 12 months but when they came out it wouldn't be a case of just resuming the job they would have to seek election again.

I might be wrong but that's my understanding of the rules

Latenightreader · 31/05/2024 01:32

If it is a sentence ofunder a year and all appeals have been exhausted a recall petition is triggered (there was a new act in 2015) and as long as 10 percent of constituents sign it triggers a by election. https://en.wikipedia.org/wiki/Recall_of_MPs_Act_2015 Fiona Onasanya lost her seat after a conviction in 2019. She had already been expelled by the Labour Party.

Recall of MPs Act 2015 - Wikipedia

https://en.wikipedia.org/wiki/Recall_of_MPs_Act_2015

Wonkypictureframe · 31/05/2024 01:34

If an MP is convicted of a crime and receives a custodial sentence of any length, they are now subject to a recall petition, so 10% of their constituents can demand that the MP lose their seat and trigger a by-election.

In addition they would almost certainly lose the whip as soon as convicted and face pressure to resign. And of course are automatically barred if the sentence is over 12 months and from memory a conviction for interfering with an election would also potentially do that but I’m not 100% sure on that.

StarlightLady · 31/05/2024 06:36

Is that you Rishi?

Itsthedress · 31/05/2024 08:02

StarlightLady · 31/05/2024 06:36

Is that you Rishi?

😂

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