Sentencing Bill dangers confusion over councillor disqualification: LGA

The new Sentencing Bill 2025 might danger complicated candidates, councillors and the general public about when a council member is disqualified from public workplace, the Local Government Association (LGA) has warned.

The invoice – which was launched to Parliament earlier this month (2 September) – goals to, amongst different issues, introduce a presumption to droop custodial sentences of 12 months or much less.

The provision intends to scale back overcrowding by reducing down on the variety of individuals serving quick jail sentences.

“Legally, this change does not impact the councillor disqualification criteria, as disqualification applies whether a custodial sentence is served or suspended,” the LGA mentioned.

It added: “However, if suspended sentences are used more regularly, there is a risk of confusion by candidates, councils and the public.”

The Sentencing Bill doesn’t amend any of the legal guidelines on councillor disqualification, that are set out within the Local Government Act 1972 as amended by the Local Government (Disqualification) Act 2022.

Under the present laws grounds for disqualification embrace a custodial sentence of three months or extra, together with a suspended sentence, with out the choice of a fantastic throughout the final 5 years, chapter restrictions, corrupt/unlawful electoral practices, and being topic to sexual offence notification necessities or orders.

In its response, the LGA mentioned: “The Bill […] intends to usher in a presumption to droop custodial sentences of 12 months or much less, relatively than serving a short-term imprisonment.

“Legally, this modification doesn’t impression the councillor disqualification standards, as disqualification applies whether or not a custodial sentence is served or suspended.

“However, if suspended sentences are used extra often, there’s a danger of confusion by candidates, councils and the general public.”

It famous that candidates at elections should verify that they don’t seem to be disqualified for any motive, “but the use of suspended sentences could create confusion amongst candidates, agents, councillors, officers from whom they may seek advice as to whether they are or are not disqualified, and the public, as disqualification criteria is already complex”.

Confusion could also be exacerbated by the proposal to make use of extra group sentences alongside suspended sentences, as group sentences are usually not referred to within the disqualification laws, the LGA added.

To deal with its considerations, the LGA known as on the Government to contemplate issuing steering on disqualification for candidates, brokers and officers to supply “absolute clarity” on when a person is or isn’t disqualified from public workplace.

The Sentencing Bill has its second studying within the House of Commons final week. The date for its subsequent stage – consideration by a House of Commons committee – is but to be introduced.

Adam Carey