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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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