Craig Barlow & Jason Hadden consider the Scoppola controversy
When national newspapers and Tory MPs are jumping up and down about a decision on voting in Europe you appreciate that something must be stirring.
In our previous article “Bars & the ballot box” 161 NLJ 7470, p 828, we considered the legality of the UK’s blanket ban on prisoners’ right to vote. We argued that it was relatively easy for the UK to bring domestic law into compliance with Art 3, Protocol 1 of the European Convention on Human Rights (ECHR) by creating a tiered system of disenfranchisement.
In Scoppola v Italy (No 3) (App No 126/05), 17 judges of the grand chamber of the European Court of Human Rights (ECtHR) revisited the law. The court was being asked to consider a convoluted Italian system, whereby suffrage is removed from prisoners not merely during incarceration but for longer. If sentenced to periods of incarceration of between three to five years the right to vote is either suspended for five years
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