Chaytor & Ors, R v [2010] EWCA Crim 1910 (30 July 2010)

Chaytor & Ors, R v [2010] EWCA Crim 1910 (30 July 2010)

Parliamentary privilege under Article 9 of the Bill of Rights 1689 does not preclude criminal prosecution of Members of Parliament for alleged false accounting in expense claims, as the submission of such claims is not a 'proceeding in Parliament' within the meaning of Article 9. The privilege is confined to core...

Source-derived case information.

Citation
[2010] EWCA Crim 1910
Parties
Prosecutor: R; Defendant: David Chaytor; Defendant: Elliot Morley; Defendant: James Devine; Defendant: Lord Hanningfield
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Criminal Appeal / Appeal Against Preparatory Hearing Ruling on Parliamentary Privilege
Outcome
Appeals dismissed
Legal Topics
Parliamentary Privilege, False Accounting, Separation of Powers, Immunity of Members of Parliament, Criminal Liability of Parliamentarians
Criminal Law Constitutional Law Parliamentary Privilege False Accounting Separation of Powers Immunity of Members of Parliament Criminal Liability of Parliamentarians

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Parties

R

Prosecutor

David Chaytor

Defendant

Elliot Morley

Defendant

James Devine

Defendant

Lord Hanningfield

Defendant

Procedural Posture

Criminal Appeal / Appeal Against Preparatory Hearing Ruling on Parliamentary Privilege

Legal Issues

  1. 1 Does parliamentary privilege under Article 9 of the Bill of Rights 1689 preclude criminal prosecution of Members of Parliament for alleged false accounting in expense claims?
  2. 2 Are the submission and processing of expense claims 'proceedings in Parliament' within the meaning of Article 9?

Ratio Decidendi

Parliamentary privilege under Article 9 of the Bill of Rights 1689 does not preclude criminal prosecution of Members of Parliament for alleged false accounting in expense claims, as the submission of such claims is not a 'proceeding in Parliament' within the meaning of Article 9. The privilege is confined to core parliamentary activities and does not extend to criminal conduct.

Court Disposition

Appeals dismissed

Orders

  • Criminal proceedings against the defendants may proceed; parliamentary privilege does not bar prosecution for the alleged offences.