Clarifying a Recent Online Misconception: Prison Sentences and Eligibility to Stand as an MP

By Jason King

There has recently been a popular misconception circulating on social media that if a person receives a prison sentence of more than 12 months, they permanently lose their eligibility to stand as an MP.

This misunderstanding is completely understandable, as the legal wording on the Electoral Commission’s website is ambiguous.

For the record:

• The ban only applies while a person is serving their sentence.

• There is no permanent disqualification from standing for political office.

• While criminal convictions are taken seriously, and an MP loses their seat if sentenced to more than 12 months, they are free to stand again after serving their sentence.

What the Law Actually Says

Under UK law, an individual is disqualified from standing as a candidate or serving as an MP if, at the time of nomination and polling day, they are serving a prison sentence of more than 12 months or are unlawfully at large.

This is set out in the Representation of the People Act 1981 and is reflected in guidance from the Electoral Commission.

However, this disqualification only applies while the individual is in prison. Once they have completed their sentence and are no longer detained, they regain full eligibility to stand for Parliament. There is no lifetime ban based on having previously served a sentence of more than 12 months.

Where the Confusion Comes From

This misunderstanding is entirely reasonable, given how the Electoral Commission’s guidance is worded. It states:

“You cannot be a candidate if at the time of your nomination and on polling day: You have been sentenced to a term of imprisonment or detained for a year or more and are detained anywhere in the UK, the Republic of Ireland, the Channel Islands or the Isle of Man, or are unlawfully at large.”

The key phrase here is “and are detained.” If this part is overlooked, it could wrongly appear that anyone who has ever been sentenced to over 12 months is permanently disqualified.

A much clearer way to phrase this would have been:

“You cannot be a candidate if you are currently serving a sentence of more than 12 months or are on the run.”

This would make it immediately clear that the restriction only applies while a person is in prison, not after their sentence has been served.

Why This Clarification Matters

Misconceptions about electoral law can have real consequences, from discouraging potential candidates to spreading false narratives about political eligibility.

While it is rightly the case that MPs who receive long prison sentences are disqualified from office, the law does not impose a permanent ban on standing for election after release.

This is not a criticism of those who have misunderstood the rule—it’s an easy mistake to make, and the official guidance is not as clear as it should be. However, for the sake of accuracy, it’s important to set the record straight.

Well, that’s all for now. But until our next article, please stay tuned, stay informed, but most of all stay safe, and I’ll see you then.

Jason King

Birmingham City-Desk

Twitter (X) @JasonKingNews

Jasonkingnews@gmail.com