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Bars & the ballot box

17 June 2011 / Craig Barlow , Jason Hadden
Issue: 7470 / Categories: Opinion , Public , Human rights
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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