Refusal to serve in a public office
Refusal to serve in a public office was an offence under the common law of England and Wales[1][2][3] and Ireland.[4] The offence is currently regarded as obsolete, and it extended only to the appointment of high sheriffs.[2]
As a common law offence, it was tried on indictment and could be punished by an unlimited fine and/or period of imprisonment.[3] In 1897, Captain Conway Higginson was prosecuted by writ of criminal information at the Queen's Bench in Dublin for refusing to serve as high sheriff of the county of the town of Carrickfergus.[4] Peter O'Brien, the Lord Chief Justice of Ireland, regarded it as a test case; he directed the jury to find Higginson guilty and fined him £5.[4]
Members of the House of Commons of the United Kingdom or candidates for election were exempt from the requirement to accept public office where it would cause them to be disqualified from being MPs, although this exemption did not extend to requirements to serve in the armed forces.[5]
References
[edit]- ^ "Simplification of Criminal Law: Public Nuisance and Outraging Public Decency (Consultation Paper No 193)" (PDF). Law Commission. Archived from the original (PDF) on 2 June 2011. Retrieved 7 February 2011.
- ^ a b Halsbury's Laws of England, volume 1: "Administrative law", paragraph 11
- ^ a b Halsbury's Laws of England, volume 26: "Criminal Law", paragraph 469 (5th edition)
- ^ a b c
- Hansard HC Deb 25 February 1897 vol 46 c1137
- Hansard 17 December 1902 Irish County And Borough Sheriffs
- McSkimin, Samuel; M'Crum, Elizabeth J. (1909). The history and antiquities of the county of the town of Carrickfergus, from the earliest records till 1839 : also a statistical survey of said county (New ed.). Belfast: Mullan, J. Cleeland, Davidson & M'Cormack. pp. 507–509.
- ^ section 8, House of Commons Disqualification Act 1975