What happens when an MP receives a criminal conviction?
If an MP receives a sentence of 12 months or under, even if it is suspended, they can expect to face a recall petition if their appeal fails. If they receive a sentence of over 12 months, they automatically lose their seat.
Webbe, now an independent MP, was handed a 10-week jail term – suspended for two years – and 200 hours’ community service at Westminster magistrates court. This means there will be an automatic recall petition in Leicester East if her appeal fails.
If 10% of the electorate within the constituency sign the recall petition, a byelection is called.
If there is a byelection, could Webbe stand again?
She could, but not as a Labour candidate. She was expelled from the party upon sentence, a Labour spokesperson confirmed. It is understood the expulsion process began when she was convicted.
Given her conviction, will Webbe be able to vote in parliament while she appeals her sentence and will she still receive her salary?
She will.
How long could it take for her appeal to be heard?
Given the current backlog of court cases, it could be many weeks.
Have there been similar cases of an MP receiving a serious criminal conviction and continuing to vote in parliament while they appeal?
Yes. Fiona Onasanya, the former Labour MP for Peterborough, was convicted for perverting the course of justice in December 2018 and became the first sitting MP in 28 years to be jailed after being sentenced to three months imprisonment.
Onasanya served a month of her sentence and was allowed to vote in parliament while tagged. Her final appeal was refused in March 2019, triggering the recall process and a byelection in June 2019 – won by Lisa Forbes for Labour.
