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Seeking to ensure “the freedom to stand for election is balanced”

Seeking to ensure “the freedom to stand for election is balanced”

Thursday 18 January 2024

Seeking to ensure “the freedom to stand for election is balanced”

Thursday 18 January 2024


Two deputies want to make sure anyone who has been sentenced to imprisonment – for more than six months – within a window of five years prior to the 2025 date of election, cannot stand to be a deputy.

It comes as the States Assembly and Constitution Committee seeks to amend a section of the Reform Law so that this only applies to people who’ve been convicted of electoral offences, fraud or corruption.

SACC’s policy letter on 2025’s General Election is set to be debated on 24 January and proposition five seeks to amend the restriction on eligibility to stand. 

Deputies Rob Prow and Peter Ferbrache have since lodged an amendment that seeks to preserve the current position “which provides that a person is not eligible to hold the office of People's Deputy if he or she has during the five years immediately preceding the date of the election been sentenced for an offence by a court in the UK, Channel Islands or Isle of Man, to imprisonment for a period of six months or more”. 

They also want to re-include the restriction: “That a person found guilty of an offence (whether in Guernsey or elsewhere) and sentenced to be imprisoned or detained for more than one year shall not be eligible to hold the office of People's Deputy while detained anywhere in the UK, Channel Islands or Isle of Man in pursuance of the sentence or while unlawfully at large at a time when he or she would otherwise be so detained.” 

This amendment would essentially remove references to those who’ve been convicted of electoral offences, fraud or corruption, which Deputy Prow said “in the UK, in this context, relate to specific technical offences under electoral law which do not exist in Guernsey. 

“Deputy Peter Ferbrache and I have submitted the attached Amendment after full consultation with the Law Officers,” said Deputy Prow. "This Amendment seeks to ensure the freedom to stand for election is balanced against the need to secure a safe and secure community.” 

“The SACC Policy Letter does not identify anyone who tried to stand at the last election and was prevented due to the current provisions of the reform law, neither are there apparently any complaints raised by members of the public in this regard. 

“SACC were advised before the amendment was submitted, along with the general advice we received from the Law Officers. We await to hear if they have comment.” 

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