Prisoners and voting
Law and Rights

Prisoners and voting


In Hirst v United Kingdom (2004) 38 EHRR 40 a Chamber of the European Court of Human Rights ruled that the U.K.'s blanket ban on convicted prisoners voting in elections was in breach of the Convention.  That decision was confirmed by the Grand Chamber in 2006 - Hirst No.2 (2006) 42 EHRR 41.

The Council of Europe has now reminded the U.K. of its obligations to comply with rulings of the court - see The Guardian 9th March.  Progress on this issue has been slow.  The government held a two-stage consultation with the second stage ending on 29th September 2009 - see Ministry of Justice.  Given that a general election is only about 2 months away, it seems unlikely that any change to the Representation of the People Act 1983 will be made by the present Parliament.

Is such disenfranchisement necessary at all given that the right to vote is fundamental to democracy?

Addendum: 10th March - see the views of The Prison Reform Trust.

Addendum 2: 12th March - see The Times "Should Prisoners have the right to vote" - a comprehensive summary of the arguments for and against.  Unfortunately, the article does not look at the arguments relating to any "compromise" solutions.




- Prisoner Voting - Joint Committee Report And Also Scottish Independence Referendum
Prisoner Voting - Draft Bill: The Parliamentary Joint Committee on the Draft Voting Eligibility (Prisoners) Bill has reported ? (PDF/HTML/conclusions).  The report recommends: ...  that the Government bring forward a Bill, at the start of the...

- Parliament ~ Prisoner Voting ~ Evidence From Secretary-general Of The Council Of Europe And The Attorney-general
On Wednesday (6th November) a Joint Committee of both Houses of Parliament resumed its work considering the draft Prisoner Voting (Eligibility) Bill.   The Bill contains 3 options but also notes that there 'will no doubt be other possible options.' ...

- Prisoner Voting ~ Strasbourg Has Spoken
Updated 23rd May: As was said in another case, Strasbourg has spoken !  ("Argentoratum locutum" - per Lord Rodger in Home Secretary v AF No.3 at para 98).  This time, the Grand Chamber of the European Court of Human Rights has handed down judgment...

- Prisoner Voting - Scoppola V Italy - Will Prisoners Finally Have To Be Granted The Right To Vote?
The European Court of Human Rights has announced that, on 22nd May, the Grand Chamber will hand down judgment in Scoppola v. Italy (N° 3) concerning a prisoner?s right to vote.  The case concerns the applicant?s disenfranchisement following his...

- Protection Of Freedoms Bill Published ... Prisoner Votes (again) - Sound Off For Justice ... Former Mp Sentenced For Fraud
Protection of Freedom Bill The government has put before Parliament the much heralded Protection of Freedoms Bill - see The Bill and Explanatory Notes.  Key proposals relate to retention of evidential material such as DNA profiles; a Code of Practice...



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