Prime Ministerial Lawbreaking: Consequences And Implications

There is no special treatment for a Prime Minister who breaks the law. In the UK, Boris Johnson became the first Prime Minister to break the law while in office, as he was fined for breaking Covid-19 laws. Johnson faced calls to resign, but no legal obligation to do so. There have been petitions to enforce a new rule that would require a Prime Minister to resign if they break the law, but these have been rejected. Legally, a Prime Minister who breaks the law could be taken to court and, if found guilty, could face prison time for contempt of court.

Prime Minister Boris Johnson broke the law over Partygate

In April 2022, Prime Minister Boris Johnson was fined for breaking COVID-19 lockdown laws with a "Partygate" gathering in the Cabinet Room in June 2020 to celebrate his birthday. Johnson initially denied any wrongdoing, but later admitted to breaking the law, stating that he "humbly accepts what the police have said".

This incident has sparked widespread criticism and calls for Johnson's resignation, including from former Conservative Prime Minister Sir John Major, who accused Johnson of 'shredding' the UK's international reputation and insisted that he must resign if proven to have deliberately misled Parliament. Despite the backlash, Johnson has refused to outline whether he will resign if he is fined, choosing instead to focus on other priorities, such as the country's energy, social care, and economic issues.

The consequences of a prime minister breaking the law are both political and legal in nature. Politically, there may be calls for a vote of no confidence, a general election, or pressure from within the prime minister's own party for them to step down. Legally, a prime minister who breaks the law can be treated like any other citizen and may face consequences such as prison time for contempt of court.

In the case of Partygate, MPs voted on whether Johnson should be referred to the Commons' privileges committee to investigate whether he misled Parliament. Johnson also faced pressure from his own party, with some Conservative MPs submitting letters of no confidence and calling his position “untenable”. However, Johnson managed to retain his position, and no further legal consequences were pursued.

Johnson could have faced prison time for breaking the law

In 2019, Boris Johnson, the then-prime minister of the UK, was reported to be pursuing a no-deal Brexit. This was despite the fact that the UK parliament was expected to pass legislation that would compel him to seek an extension to Article 50 and avoid a crash-out on 31 October.

Lord MacDonald, the former director of public prosecutions, warned that if Johnson proceeded with his plans, he would be in "contempt of court" and could face prison time. According to MacDonald, a court would order that "the law should be followed", and defying it would amount to contempt of court, which could result in imprisonment.

Dominic Grieve reinforced this, stating that Johnson "will go to jail if he breaks the law". Lord Sumption, a former Supreme Court judge, agreed that there would be "plenty of ways" to enforce the law.

MPs opposed to a no-deal Brexit were preparing to go to court to compel Johnson to comply with the legislation. If he had refused to do so, a judge could have ordered an official to sign off the extension in place of the prime minister.

In addition to potential prison time, Johnson also could have faced other consequences if he had broken the law. For example, there was a petition calling for a change in policy so that if a prime minister or MP breaks the law, they must resign. While this petition was rejected, it highlights the public sentiment that there should be consequences for government officials who break the law.

Furthermore, if Johnson had received a prison sentence of 12 months or more, he would have been barred from serving as an MP during that time. Even with a sentence of less than 12 months, he could have faced pressure to resign and would have likely lost the whip.

It is important to note that Johnson did not end up breaking the law in pursuit of a no-deal Brexit, and the above remains a hypothetical scenario. However, it illustrates that even the prime minister is subject to the law and can face consequences, including prison time, for contempt of court or other criminal offences.

Johnson was not arrested or interviewed by police

Johnson was not arrested or interviewed by the police. Instead, he was among those asked by Scotland Yard in February to fill in a questionnaire about suspected breaches of Covid rules. He was then handed a £100 fixed penalty notice, which was halved to £50 because he paid it within 14 days.

The prime minister offered a "wholehearted apology" for attending his birthday party in Downing Street in June 2020, which resulted in a police fine. However, he repeated that "it did not occur" to him that the gathering could "amount to a breach of the rules".

Despite this, Johnson is the first prime minister to be officially found to have broken the law in office. Labour leader Keir Starmer has urged him to resign and reminded the Commons that Johnson remained "under investigation for additional lawbreaking".

Although Johnson was not arrested, a UK prime minister can be questioned as a witness or under caution as part of a police investigation. In the case of Tony Blair, he was questioned as a witness in the 2005 cash for honours probe.

Petitions for PMs to resign if they break the law have been rejected

Petitions demanding that Prime Ministers (PMs) who break the law be forced to resign have been rejected. The UK government and parliament have stated that there is already a petition about this issue, and they cannot accept new petitions on a similar topic.

The petitioners argued that if a government official breaks the law, they should be held accountable and forced to resign. They believe that allowing officials to remain in their positions after breaking the law sets a bad example and diminishes trust in the government.

In one instance, a petition specifically addressed the case of Boris Johnson, who was found to have broken the law but refused to resign. The petitioner called the situation ridiculous and argued for a simple solution: a PM who breaks the law must not be allowed to hold office.

While these petitions have been rejected, it is important to note that the UK prime minister is subject to the same laws as everyone else and can face legal consequences for their actions. Former top prosecutors and legal experts have stated that a PM who breaks the law could face prison time for contempt of court and may be guilty of misconduct in public office, an offence carrying a maximum sentence of life imprisonment.

The PM is subject to the same laws as everyone else

The Prime Minister is subject to the same laws as everyone else. While the PM may be the head of the country, they are not above the law and can be punished for breaking it.

In the UK, there have been calls for the resignation of any Prime Minister who breaks the law. A rejected petition on the UK Parliament website demanded that a new rule be introduced, stating that if a Prime Minister is found to have broken the law, they must resign without debate as they would be "unsuitable to hold office". This petition was submitted after Boris Johnson became the first PM to be officially found to have broken the law, when he was fined for breaking lockdown laws.

Legally, if a Prime Minister refuses to abide by the law, they could be taken to court over the matter. For example, if the PM ignores a legal requirement, opponents could apply for an injunction ordering them to comply with the law. If the PM still refuses, they could be found in contempt of court, which may result in a penalty such as a fine or even imprisonment.

The former director of public prosecutions, Lord MacDonald, warned that a Prime Minister who breaks the law would be treated like any other citizen in contempt of court. He added that it would not be an extreme outcome for the PM to be imprisoned, as it is convention that anyone who refuses to "purge their contempt" is sent to prison.

Therefore, while the Prime Minister has significant power and responsibility, they are ultimately subject to the same laws as everyone else and can face legal consequences for breaking those laws.

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