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17 June 2011 / Craig Barlow , Jason Hadden
Issue: 7470 / Categories: Opinion , Public , Human rights
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Bars & the ballot box

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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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