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Section 152: Court's duty when criminal offence appears in election petition

152.Criminal offence disclosed in hearing of petition

(1)Nothing in this section confers on the court, when hearing an election petition, power to convict a person for a criminal offence.

(2)Where it appears to the court, on hearing an election petition, that the facts before it disclose that a criminal offence may have been committed, the court shall make a report on the matter to the Director of Public Prosecutions for appropriate action to be taken.

(3)Where an election is set aside, a fresh election shall be held as if it were a by-election in accordance with section 188.

Plain English Summary

A court hearing an election petition cannot convict anyone for a criminal offence. However, if the facts suggest a crime may have been committed, the ...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Local Governments Act. Faster results.