Erlam & Ors v Rahman & Anor

Under the Representation of the People Act 1983, an election petition should ordinarily be tried within the relevant local government area. The court may direct trial elsewhere only where special circumstances make that desirable. Concerns about political passion, public disorder, attendance levels or possible intimidation do not by themselves meet that threshold. The court should consider the statutory safeguards available to protect witnesses and maintain order, including police assistance, prosecutorial attendance and the power to adjourn the trial to another venue within the local area. The importance of local electors seeing and participating in the administration of electoral justice is also relevant.

The petitioners applied for the trial of an election petition concerning the Tower Hamlets mayoral election to be held outside the Borough, at the Royal Courts of Justice. They relied on alleged intimidation, disorder at polling stations and the count, concerns about witness safety, and alleged inadequacy of local policing. The respondents disputed the evidence and submitted that statutory safeguards were sufficient. The issue was whether section 130(6) of the Representation of the People Act 1983 was satisfied.

1. Application dismissed. The evidence fell far short of establishing special circumstances rendering it desirable that the petition be tried outside the Borough.
2. Section 130(6) of the Representation of the People Act 1983 establishes the Borough as the prescribed place of trial, subject to the exceptional power to appoint another convenient place where special circumstances exist. The long-standing legislative requirement for local trials indicates that political passion, large attendance and the potential for public rowdiness do not ordinarily constitute special circumstances.
3. The court was required to assess the practical risk of disorder or witness intimidation in the light of the protections available during the trial. Under section 131(2), the Commissioner may require constables and bailiffs to assist the court. The Commissioner may address security arrangements with the Metropolitan Police Commissioner. Under section 181(2), the Director of Public Prosecutions or an authorised representative may attend where concerns such as witness intimidation arise.
4. The venue was not rendered unsuitable merely because security concerns existed. Under section 130(7), the Commissioner may adjourn the trial from one place to another within the local government area if the venue becomes inappropriate.
5. Parliament had placed importance on the local electorate seeing that electoral justice was done and being able to participate in the process. Moving the trial to the Royal Courts of Justice would distance the proceedings from ordinary local electors. A Commissioner would determine the trial date after further particulars had been provided.