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Can the Prime Minister be arrested?

Boris Johnson yesterday fended off accusations that he was “not just a lawbreaker but a serial offender” as he faced MPs for the first time since receiving a criminal warrant.

The Prime Minister issued a “heartfelt apology” for attending his own Downing Street birthday celebration in June 2020, which resulted in a police good last week. However, he reiterated that it “had not occurred to him” that the gathering could “constitute a breach of the rules.”

Labor leader Keir Starmer has urged him to resign after becoming the “first prime minister officially found to have broken the law while in office”, reminding the Commons that Johnson remains “under investigation for further breaches of the law”. will.

Did Boris Johnson commit a crime?

The PM broke the law but by paying the stipulated fine he avoided prosecution for the offense and will therefore have no criminal record.

“An offender would only be prosecuted if a fine was not paid after 28 days and the relevant police decided to prosecute,” said the House of Commons Judiciary Committee in a Report on the Covid related crimes.

Can a Prime Minister be arrested?

Yes, a British Prime Minister can be questioned as a witness – like Tony Blair in 2005 Cash for Honors probe – or under caution as part of a police investigation.

However, Johnson was not arrested via Partygate and is said not to have been questioned by police itvis Robert Peston. Instead, he was among those asked by Scotland Yard in February to fill out a questionnaire on suspected breaches of Covid rules.

He was handed a fixed fine of £100 which was halved to £50 for paying it within 14 days. However, even his own team reportedly thinks it’s “inevitable.” further fines are to follow.

Police in England and Wales had more than processed 118,000 fine notices under Covid regulations until November 2021 but this did not result in the same number of arrests. In a high-profile incident in January 2021, a woman was arrested by Dorset Police for refusing to give her details. She was stopped by officers for sitting on a bench in Bournemouth. Another Merseyside woman was arrested in November 2020 after keeping her gym open despite lockdown rules and then refusing to answer police questions.

Is there a penalty for misleading Parliament?

The Ministerial Code states that it is “of the utmost importance that ministers provide Parliament with accurate and truthful information and correct any inadvertent error as soon as possible” – and that ministers who “knowingly mislead Parliament are expected to offer to resign to the Prime Minister”. .

However, “there is no means of enforcing this,” he noted Institute for Government. A minister who refuses to correct inaccurate information can also be suspected of contempt for Parliament. Here, too, “the powers of Parliament to punish disregard are quite weak,” he said institute.

“Previously, as a court, Parliament could imprison or fine perpetrators, but those powers have expired,” it continued. “The last time Parliament fined someone was in 1666 and the last time it imprisoned someone was in 1880 (in the belfry).”

What about misconduct in public office?

The PM is subject to the same laws as everyone else, but as a holder of public office, they have additional legal requirements.

Misconduct in public office is a criminal offense carrying a maximum penalty of life imprisonment. According to the Crown Prosecution Service (CPS), a criminal offense is committed “when the office holder acts (or refrains) in a manner which constitutes a breach of the duties of that office.

In January, Greens colleague Jenny Jones said she wanted police to investigate whether Johnson and others were guilty of misconduct in public office. Cressida Dick – who has since resigned as Met commissioner – launched the investigation this month, saying the force would “proceed to police without fear or favor” but that any punishment would likely come in the form of a fine.

Although many of Johnson’s critics have argued that charging him with misconduct in office would be “justified,” it is viewed as an “archaic” offense that is “more designed to prosecute corrupt officials,” he said The guard.

“There is no recent precedent for it being used against a government minister,” the newspaper added.

https://www.theweek.co.uk/brexit/103242/can-a-uk-prime-minister-be-arrested Can the Prime Minister be arrested?

Fry Electronics Team

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