Commentary on Sections (and Schedules) Section 4: The first and third recall conditions: courts to notify the Speaker
28.Section 4 imposes notification obligations on those courts imposing a sentence or order in relation to the conviction of an MP or hearing an appeal against the conviction, sentence or order. Under subsection (2), the court which sentences the MP must notify the Speaker of the House of Commons of the conviction and sentence or order and whether an appeal may be brought.
29.Subsections (3) to (5) deal with cases where an appeal is brought. Subsection (4) provides that the court to which the appeal is brought must notify the Speaker of the appeal. Subsection (5) requires the relevant court at which the appeal was determined or otherwise disposed of to notify the Speaker that such a determination or disposal has taken place, that the conviction, sentence or order has or has not been overturned on appeal and whether any further appeal may be brought. Subsection (6) defines the “relevant court” as either the court to which the appeal was originally brought, or another court to which the matter was remitted. References in this section to an appeal and the determination of an appeal have the same meaning as in section 3 (see subsections (5) and (6) of that section) except that references to an appeal include a petition to the nobile officium (subsection (7)).
30.Subsection (8) provides that a court is not required to notify the Speaker if, at any time since the conviction, the MP’s seat has been vacated (whether by the MP’s disqualification or death, or any other reason).