Former councillor Jeff Milburn jailed for standing for office despite election ban

Jeffrey Milburn had previously served the Cleadon and East Boldon ward in South Tyneside before he submitted another declaration form earlier this year, setting out his intention to stand again.

The form was signed by him but Newcastle Crown Court heard the 64-year-old knew he was actually barred from standing as per election law due to his criminal history.

In 2020, the defendant had been given a suspended sentence for possessing a lock knife.

He was then back before the courts again in 2021 for having two shotguns that were found when police were called to a family gathering at his home.

Current legislation states that anyone who has received a sentence of imprisonment, suspended or not, of three months or more without the option of a fine is banned from standing as a councillor for five years.

Adam Birkby, prosecuting, said the case was an "unusual" one, which was triggered after Milburn attended the Town Hall in South Shields to submit his declaration form in April this year, a month before the vote.

The court heard that in his paperwork, Milburn stated to the best of his knowledge that he was not banned from standing as councillor.

The form was signed by him and despite opposition from members of the public who had pointed out his disqualification, the defendant received 70 votes as an independent candidate.

The court heard that Section 80 of the Local Government Act states a candidate should be disqualified if they have received a conviction within five years before the day of election, for a period of not less than three months without the option of a fine.

Milburn, of Sunniside Lane, Cleadon, pleaded guilty to making a false declaration under the the Representation of the People Act 1983.

Judge Edward Bindloss today said that only immediate custody could be justified, and sentenced him to ten months behind bars.

The judge told Milburn: "On the 20th of July 2020 you were convicted of having a bladed article by the Magistrates' court and sentenced to four months imprisonment suspended for 11 months.

"On the 10th of August 2021 you were convicted by the Crown Court of possessing a firearm and possessing a shotgun without certificates and having a bladed article and were sent to prison for 20 months suspended for two years.

"A local government election was due to be held for the South Tyneside Council on the 4th of May 2023. Both of your convictions fell into five years of this date.

"Not withstanding that and in full knowledge of your convictions you posted a full nomination form to the deputy returning officer on the 4th of April 2023 signed by you."

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Members of the public and other party members did raise concerns but the court heard that Milburn made "no attempt to withdraw" his candidacy.

The judge added: "The returning officer and the election manager had no power to remove a candidate once the nomination is made.

"This was a deliberate and brazen lie from you. The result of the election has been proved in evidence and the successful councillor won just in excess of 300 votes, so your 70 votes would not have made the smallest difference to the result."

The court heard the only way for Milburn to have been withdrawn was if he voluntary pulled out which he did not do.

Robin Patton, mitigating, said the dad-of-four was formally a successful businessman and a family man before ill health blighted his personal life.