A councillor who was given a 12-week suspended prison sentence for offences that included hurling homophobic comments towards police has been told that he is “legally entitled” to retain his seat.
Any councillor who is given a sentence – suspended or otherwise – of three months or longer is automatically removed from office under Section 80 of the Local Government Act 1972.
Legally a three-month sentence equates to 13 weeks, not 12, which means the legislation does not apply in this context.
A statement from Allerdale Borough Council said: “Workington magistrates court on 24 August gave Councillor Peter Little, who represents the Maryport South ward on Allerdale Borough Council, a suspended 12-week prison sentence.
“Section 80 of the Local Government Act 1972 provides that any custodial sentence (including suspended) of three months or more will automatically lead to disqualification.
“The authority has sought independent expert legal opinion on the position regarding Cllr Little and the advice received is that 12 weeks is a lesser term than three months, therefore Cllr Little is legally entitled to retain his seat on Allerdale Borough Council.“
Cllr Little had been approached for comment.
To read about the Allerdale Independents’ response to his sentence, click here.
