Boris Johnson could face a prison sentence if he fails to comply with legislation requiring him to delay Brexit, according to the former director of public prosecutions.
Lord MacDonald says the prime minister risks being found in contempt of court if he ignores the terms of a bill designed to prevent a no-deal withdrawal that passed through Parliament last week and became law on Monday, reports Metro.
MacDonald said: “It is by convention that if you are found guilty of defying a court order then you are jailed.”
In a letter to Conservative Party members this week, Johnson wrote: “They just passed a law that would force me to beg Brussels for an extension to the Brexit deadline. This is something I will never do.”
But former attorney general Dominic Grieve – who was sacked for rebelling against the Government by voting in favour of the bill – said: “A prime minister is subject to the law of the land just like anybody else.
“If he were to attempt to ignore it, the Government would be taken to court and he would be ordered to send the letter [to the EU].
“And if he didn’t send the letter, he would be sent to prison for contempt.”
Downing Street has maintained that the PM will neither resign nor comply with the order to delay Brexit, but has failed to explain how this apparent contradiction could be reconciled, says The Guardian.
As the Financial Times notes: “This is unprecedented; a prime minister has never gone rogue like this before.”
Johnson could also face further legal strife, after Scotland’s highest court this week ruled that his advice to the Queen to prorogue Parliament was unlawful.
Delivering their judgment, a panel of three judges said the PM’s advice to the Queen was an attempt to “stymie” Parliament “and is thus null and of no effect”.
Len McCluskey, head of the Unite union, has warned that Johnson could find himself behind bars next time he crosses the border, reports The Independent.
“It is quite extraordinary what the Scottish courts have ruled,” said McCluskey. “My advice to the prime minister is don’t go up to Scotland, you’re liable to face a citizen’s arrest, so he’d best keep in his bunker somewhere in either Eton or Westminster.”
Manuel Cortes, head of the Transport Salaried Staffs’ Association (TSSA), has also called for Johnson to be arrested. “Parliament must be immediately reopened – but Johnson should be in jail, not No. 10. He’s broken the law, is not fit to hold office and along with this disgraceful government must be held to account,” the union chief said.
Misconduct in Public Office
The PM is subject to the same laws as everybody else, but as a holder of public office, there are also additional legal requirements upon him.
Misconduct in Public Office is an offence that carries a maximum sentence of life imprisonment. A crime is committed “when the office holder acts (or fails to act) in a way that constitutes a breach of the duties of that office”, says the Crown Prosection Service (CPS).
As a “public officer”, Johnson would be breaching the misconduct law if he fails to comply with the new legislation requesting a Brexit extension.
However, the leglisation says that an offence has only been committed when an act (or lack of one) is done “without reasonable excuse or justification”.
Johnson could argue that honouring the EU referendum result was reasonable justification. It would be up to the courts to decide whether that argument holds water.
Impeachment
Technically, a UK prime minister can be impeached – a method by which Parliament can try individuals for high treason or other misdemeanours – but it has never happened and is considered to be obsolete, says the BBC.
Private prosecution
The right exists to bring private prosecutions for breaches of the criminal law. Or to put it another way, if the police and prosecuting authorities decide not to prosecute someone, a private individual can.
“In principle, there is nothing wrong in allowing a private prosecution to run its course through to verdict and, in appropriate cases, sentence,” says the CPS website.
As such, if public prosecutors failed to charge Johnson, a private individual could potentially put forward a case against him.
