Weston quits south Wales PCC race, but wasn’t he barred already?
The Falklands war hero Simon Weston announced this morning that is pulling out of November’s election to become police and crime commissioner (PCC) in south Wales. On Twitter he said he had become “disillusioned by the fact it was getting (too) political & not serving the people”.
Weston’s decision follows a number of blogs on this site in the past two weeks suggesting that he would have been disqualified from standing anyway by the tough rules which bar people with criminal records from running for PCC if they have been convicted of crimes for which they might have gone to jail. These apply even if those crimes were committed as a juvenile, as occurred in Weston’s case (he was found in a stolen car around the age of 14).
Only last Thursday Weston appeared on a panel of PCC candidates which I chaired at the Local Government Association conference in Birmingham. Whilst he complained there that the race was becoming too political, he said nothing about withdrawing. But I thought it strange that he refused my request for an interview for Channel 4 News. He would not be doing any media interviews until September, he said, which struck me as a strange way to campaign.
I also understand that Simon Weston came very close to withdrawing from the contest last March, as he felt it was too difficult for an independent candidate to overcome the traditional party machines. But then he decided to press on.
Last Thursday I urged Weston to consult a lawyer about whether he would actually be disqualified under the law. He insisted there was no need to do so, as he was totally confident, he said, that he was not caught by the 2011 Police Act. I advised him that it might be best to sort the issue out now, and perhaps even get the law changed, whereas it could prove very expensive in legal costs if he was challenged once the election got underway. And I warned him if he was ultimately elected he might even face an election court.
Both the Home Secretary Theresa May and the Attorney General Dominic Grieve have recently expressed the view that Weston WOULD have been allowed to stand, but lawyers to whom I have spoken have expressed the contrary opinion. These include Ros Baston, a specialist in election law, who was previously a senior official with the Electoral Commission.
Weston’s decision means the PCC contest in south Wales will almost certainly be won by Labour’s candidate, the former Welsh First Minister Alun Michael, who is giving up his Westminster seat to enter the race in what is a very strong Labour area.
I would be very surprised if the tough law against people with criminal records standing in November doesn’t produce further casualties, once candidates read the wording of the act and consult their lawyers.
Simon Weston’s decision is another blow to ministers who had hoped the police commissioner elections would produce an impressive list of big-name non-politicians as candidates. But now the two biggest names to enter the fray – Weston and fellow army veteran Tim Collins – have both withdrawn within the space of about five weeks.
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There are 13 comments on this post
Michael,
I have looked at the the relevant sections of the 2011 Police Act and there is the following:
“3)(c) the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man, of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence)”
That would suggest any age applies. However, shortly after that passage there is the following:
“(4)For the purpose of subsection (3)(c)—
(a)“imprisonable offence” means an offence—
(i)for which a person who has attained the age of 18 years may be sentenced to a term of imprisonment”
So, if he committed that offence at the age of 14, he would have been fine.
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I admit that the act is written very badly, but I think you’re wrong. Nick Herbert made it quite clear in the bill committee that the strict rules also applied to juvenile offences.
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Having re-read (4)(a)(i), I don’t think it means “crimes which were committed when you were over 18 which carry a prison sentence”, I think it means “crimes (committed at any age) which when committed by over 18s would give a prison sentence”.
As Michael said in an early post: “The Home Office has explained to me this means that people are barried from standing for PCC if convicted of something AT ANY AGE for which they MIGHT have been sent to jail had the offence been committed when they were 18 or older.”
I guess the logic here was not only were you banned if you had committed an imprisonable offence, but even if you had committed it when you were under 18.
Now this is where it gets tricky. Is the clause referring to the maximum possible sentence, minimum possible or the likely sentence? And what was the sentence (maximum, minimum or likely) for car theft in 1961 – before the modernised consolidation Theft Act 1968 took effect?
The answers to these question is that I don’t know, and I bet you anything it is the sort of thing that would only really get decided when ruled on at an election court – ie multiple judges.
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Its an absolute travesty and a national disgrace that candidates of Simon Weston’s calibre and integrity has had to bar himself from the PCC elections. Especially when we have the likes of publicly discredited and incompetent buffoons like John Prescott still standing for Humberside PCC??! Moreso considering when as an MP in the 90s Prescott was banned from driving and had a string of speeding offences as long as your arm!? But if you can’t beat them…..
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History suggests that whatever legal advice Teresa May quotes in support of what she wants to do is generally wrong, probably because it’s tailored to what she wants to hear. Advice from a Solicitor Generaltends to be a bit malleable too (qv Lord Goldsmith )
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I think the rules go against ‘fair play’ and decency. So what happended to the ‘value’ that ‘we give people a second chance’? His ‘bad’ record from the age of 14 should not bar him from anything…. regardless of any ‘good’ he has done subsequently.
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David Morris
Sorry you have misunderstood this. What the law states is if someone of the age of 18 could receive a sentence of imprisonment not that you have to be 18.
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Agreed. And the police minister Nick Herbert made that quite clear in the bill committee
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If that’s the case, then it’s been written badly and is open to interpretation.
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As a South Wales resident I’m pleased that Simon Weston won’t be the police commissioner but am disgusted at the way the law appears to have disqualified a candidate based on a very old conviction.
Weston’s many many years of public service have also been discounted, however his apparent lack of will to fight this and reluctance to engage with the media only confirm some of my many reservations about his suitability for the role.
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David Morris – exactly. For a whole heap of reasons, this was a very badly drafted law. Simon Weston’s exit is just one of many unintended and intended (but under played) consequences of the introduction of PCCs.
For what the intended consequences are hoped to be – you only have to read ‘The Plan’ by Carswell and Hannan – including the notion that differnt counties might oneday punish offenders differntly leading to criminals ‘pouring across county boundaries’ to more lenient counties…
Just the read the book…! (Best to borrow from a library though)
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There is more on my blog about this issue:
http://ajustfuture.blogspot.co.uk/2012/07/simon-weston-and-plan.html
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I am an Independent Candidate for PCC in Kent. This job is not for a politician as we don’t want a party political puppet being controlled by Westminster. This person is accountable to the people and should be able to make decisions without consulting Party bosses. I have written to the Home Secretary asking that all candidates are security vetted before the nominations are accepted. What we don’t want is an embarrassement after the elections. I urge Simon Weston to reconsider his decision.
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