Thus for the time specified in the section the candidate was incapable of
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Thus for the time specified in the section the candidate was incapable of being elected to and sitting in the House of Commons and, if already elected, the candidate should vacate the seat from the date of conviction.The vacation of the seat was, however, merely a machinery, a consequence of the conviction. If the conviction was overturned capacity to sit was restored, and the seat, if not already filled, ceased to be vacant. It was noteworthy that whereas the adverse report of an election court would, in many if not all cases, render an election void a conviction did not have that effect.Justice required that when a conviction was set aside on appeal all penalties imposed at the time of the conviction should also, so far as possible, be set aside. It would require very clear statutory language to suggest otherwise and that was not to be found in section 160(4) or elsewhere in the 1983 Act.Where there was a conviction of the type with which the present case was concerned there was not only a need to do justice to the individual but also to the electors she represented, and a need if possible to avoid the trauma and expense of a fresh election if there was no justification for that course.The preferred approach gave rise to no difficulty even if a writ had been issued before an appeal was heard.
If there had been no return to the election writ the successful appellant could simply resume his or her seat, and a warrant of supersedeas could be issued to withdraw the writ. If there had been a return to the writ then, when the appeal succeeded, there would be no vacant seat for the appellant to occupy, the appellant's former seat having been properly filled by someone else.The situation which might arise if a member were convicted of corruption in relation to a seat other than his own did not cast any doubt upon the approach which the court considered to be correct. Accordingly the question posed would be answered in the affirmative.. OF ALL the memoirs of Stanley Kubrick, best was a piece by Jeremy Bernstein in the London Review of Books. He describes the congenial Central Park West apartment in the Sixties: "Children and dogs were running all over the place.
Papers hid most of the furniture." On leaving, Bernstein explained that he had to hurry, to play chess in Washington Square with a Haitian chess hustler called Duval, self- styled "the master". Bernstein "was absolutely floored when Kubrick said, `Duval is a potzer.' It showed a level of real familiarity with the Washington Square Park chess scene." Not in the OED, this is a Forties word for bad chess player, from German potzen, to bungle, or the Yiddish putz, penis (hence fool) - also derived from German: ornaments.. RUPERT LONSDALE was forced to surrender his ship in the Second World War, for which he was court-martialled and honourably acquitted. Before they were captured by the enemy, he led his ship's company in the Lord's Prayer as their damaged submarine threatened never to surface. After the war he retired from the Navy, and became an ordained member of the Church of England. Lonsdale was born in 1905 and in 1919 joined the Royal Navy. He entered the Trade, as the submarine branch of the service is known, in 1927 and within four years was First Lieutenant of XI, the enormous experimental submersible with her four 5.2-inch guns and displacing 2,780 tons - by far the biggest craft before the nuclear boats.
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