Sentencing Bill risks confusion over councillor disqualification: LGA

The bill - which was introduced to Parliament earlier this month (2 September) - aims to, among other things, introduce a presumption to suspend custodial sentences of 12 months or less.

The provision intends to reduce overcrowding by cutting down on the number of people serving short prison sentences.

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

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 does not amend any of the laws on councillor disqualification, which are set out in the Local Government Act 1972 as amended by the Local Government (Disqualification) Act 2022.

Under the current legislation grounds for disqualification include a custodial sentence of three months or more, including a suspended sentence, without the option of a fine within the last five years, bankruptcy restrictions, corrupt/illegal electoral practices, and being subject to sexual offence notification requirements or orders.

In its response, the LGA said: "The Bill [...] intends to bring in a presumption to suspend custodial sentences of 12 months or less, rather than serving a short-term imprisonment.

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

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

It noted that candidates at elections must confirm that they are not disqualified for any reason, "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 may be exacerbated by the proposal to use additional community sentences alongside suspended sentences, as community sentences are not referred to in the disqualification legislation, the LGA added.

To address its concerns, the LGA called on the Government to consider issuing guidance on disqualification for candidates, agents and officers to provide "absolute clarity" on when an individual is or is not disqualified from public office.

The Sentencing Bill has its second reading in the House of Commons last week. The date for its next stage - consideration by a House of Commons committee - is yet to be announced.

Adam Carey