723. Which offences apply for the purposes of the first recall condition.

For the purposes of the first recall condition (conviction of a custodial offence)1, conviction of the offence of providing false or misleading information for allowances claims2 is not included3. Suspended sentences or orders do not qualify as custodial sentences, nor does being remanded in custody or being detained under mental health legislation if there is no sentence or order for imprisonment or detention other than under that legislation4.

The first recall condition applies to an offence committed before the MP became an MP5 and an offence committed before the Recall of MPs Act 2015