header-logo header-logo

Bars & the ballot box

17 June 2011 / Craig Barlow , Jason Hadden
Issue: 7470 / Categories: Opinion , Public , Human rights
printer mail-detail

Craig Barlow & Jason Hadden question the government’s blanket ban on prisoner voting

It is a delicious irony that those most affected by the criminal laws of the UK are effectively refused the opportunity through the ballot box to change those laws. That, of course, was Emily Pankhurst’s problem.

Section 3 of the Representation of the People Act 1983 provides that: “A convicted person during the time that he is detained in a penal institution in pursuance of his sentence…is legally incapable of voting at any parliamentary or local government election.”

In relation to elections to the European Parliament, s 8 of the European Parliamentary Elections Act 2002 adopts the same stance. The European Court of Human Rights (ECtHR) has consistently held since 2004 that this statutory blanket ban thereby created is unlawful.

In Greens and MT v UK the ECtHR recently repeated its position. On 10 February 2011 the House of Commons picked a fight with the ECtHR.

MPs voted by 234 to 22 to defy the EHtCR decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll