Representation of Darius Pearce [2011] JRC 180A (20 September 2011)

Representation of Darius Pearce [2011] JRC 180A (20 September 2011)

The respondent's declaration did not adequately comply with Article 9 because it failed to specify all convictions, but this deficiency does not invalidate the nomination as the law does not provide for disqualification on this ground alone; only Articles 7 and 8 govern disqualification, and Article 9 creates a criminal offence for knowingly false declarations but not nomination invalidity.

Citation
[2011] JRC 180A
Parties
Respondent: Geoffrey Peter Southern; Representor: [Name not specified]
Jurisdiction
Jersey
Judgment Date
20 September 2011
Procedural Posture
Election Law Representation / Pre Election Judicial Review
Outcome
representation refused
Legal Topics
Candidate Nomination Requirements, Declaration of Convictions, Disqualification From Election, Validity of Nomination Forms
Election Law Administrative Law Candidate Nomination Requirements Declaration of Convictions Disqualification From Election Validity of Nomination Forms

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Parties

Geoffrey Peter Southern

Respondent

[Name not specified]

Representor

Procedural Posture

Election Law Representation / Pre Election Judicial Review

Legal Issues

  1. 1 Whether the respondent's declaration of convictions complied with Article 9 of the States of Jersey Law 2005
  2. 2 Whether a failure to properly declare all convictions invalidates a candidate's nomination

Ratio Decidendi

The respondent's declaration did not adequately comply with Article 9 because it failed to specify all convictions, but this deficiency does not invalidate the nomination as the law does not provide for disqualification on this ground alone; only Articles 7 and 8 govern disqualification, and Article 9 creates a criminal offence for knowingly false declarations but not nomination invalidity.

Court Disposition

representation refused

Orders

  • interim order in respect of pre-postal voting lifted