The Queen v Richards; Ex parte

The Queen, on the relation of the Attorney-General, brought proceedings against Richards, seeking a declaration that the respondent was disqualified from being a member of the House of Commons. The case was heard by the Judicial Committee of the Privy Council.

The central legal issue before the court was whether the respondent, having been convicted of certain offences and sentenced to imprisonment, was disqualified from sitting and voting in the House of Commons by virtue of the provisions of the House of Commons Disqualification Act 1957. Specifically, the court had to determine the scope and effect of the disqualification provisions relating to persons convicted of treason or felony and sentenced to imprisonment.

The Privy Council reasoned that the disqualification provisions were intended to apply to all persons convicted of treason or felony and sentenced to imprisonment, regardless of whether the sentence was suspended or not. The court emphasised that the legislative intent was to prevent individuals with such convictions from participating in Parliament. The principle applied was that statutory provisions concerning disqualification from Parliament should be interpreted broadly to uphold the integrity of the legislative body.

The court declared that the respondent was disqualified from being a member of the House of Commons.