Election court

An election court is, in United Kingdom election law, a special court convened to hear a petition against the result of a local government or parliamentary election. The court is created to hear the individual case, and ceases to exist when it has made its decision.

Election courts are governed by the Representation of the People Act 1983. They are overseen by a rota of High Court (in England and Wales) or Court of Session (in Scotland) judges.

The election court is established following the presentation, to the High Court or Court of Session, of an election petition challenging the result of the election. The constitution of the court differs depending on whether the election being challenged is for a seat on a local council or in Parliament. In the case of a parliamentary election, the court comprises two of the High Court or Court of Session judges who are on the rota. In the case of a local government election in England and Wales, the judges appoint an experienced barrister as a commissioner to hear the case. In the case of a council election in Scotland, the case is heard by one or more sheriff principals. The Court sits in the parliamentary constituency, or in the local government area, in question. The election court ceases to exist when the case is concluded.

The election court tries the petition without a jury, and has all the powers of the High Court or Court of Session. Witnesses give evidence on oath, and a witness is not excused from answering a question even if the answer would incriminate him, although the answer cannot be used against him in any subsequent criminal proceedings (except in the case of a charge of perjury). The trial itself is preceded by 'the scrutiny' in which the ballot papers are examined by an officer of the court (or, in rare cases, by the court itself) in order to establish a factual basis for the trial. The scrutiny may be attended by the parties and their lawyers, who can make representations to the person carrying out the scrutiny.

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