Prisoners' voting rights

In the UK there has been a 140 year old ban on all convicted prisoners, except those on remand, voting in elections –  known in the legislation as “civic death”.

This principle has come into conflict with the the European Court of Human Rights (ECHR).

Current status on prisoners and voting in the UK

 

UK and ECHR European Court of Human Rights

 

2001

 

 Convicted prisoner, Hirst, took his case to be allowed to vote to the High Court where it was dismissed.

Hirst lodged an appeal to ECHR in Strasbourg.
2004 ECHR ruled unanimously that his human rights had been violated.
The court found that the UK blanket ban on prisoner voting was in violation of Article 3 of the European Convention on Human Rights.

Individual countries can decide which offences should carry restrictions to voting rights, but cannot ban all prisoners from voting.

UK lodged an appeal to the Grand Chamber (the ultimate court of the ECHR).
2005 The Grand Chamber judgement confirmed the ruling of the ECHR in 2004.

The then Labour government initially attempted to introduce legislation to give some prisoners the right to vote, but this was rejected by Parliament. Since then the Coalition government has repeatedly stated that prisoners will not be given the right to vote.

However, more recently the Coalition Government has appeared to be prepared to comply with the 2004 ECHR ruling. Government lawyers advised that failure to comply could cost the taxpayer vast sums in litigation costs and compensation.
November 2010 The ECHR awarded two UK prisoners £4,350 in costs and expenses for their loss of voting rights, which amounted to a breach of their human rights.
The UK Government appealed against the judgement.
February 2011 MPs overwhelmingly backed a motion calling for the maintenance of a blanket ban on all prisoners.
April 2011 UK government loses its final appeal against the ECHR ruling.  ECHR gives UK six months to draw up proposals to end the blanket ban.

2352 inmates have brought cases to ECHR. These are pending while judges wait to see what Westminster decides.
November 2012 Voting Eligibility (Prisoners) Draft Bill brought forward. This Bill lays out three options:
  maintain blanket ban;
  allow the vote to prisoners sentenced to six months or less;
  allow the vote to prisoners sentenced to four years or less.
  The Bill is subject to a period of pre-legislative scrutiny by the Joint Committee on the Draft Voting Eligibility (Prisoners) Bill - initially to report back in October 2013 – extension granted to December 2013.
2013 UK Supreme Court turns down voting appeal by two prisoners on life sentences.
December 2013 Joint Committee recommendations:
      Parliament should comply with the ECHR 2005 judgement in Hirst case by enacting legislation that would confer voting rights on some prisoners.
    After considering various options, the committee supported the arguments put forward during the hearings for a 12 month sentence threshold for convicted prisoners to be enfranchised.
    They also stated the belief that allowing prisoners to regain the right to vote as they approach the end of their sentence would be helpful.
    A Bill should be brought forward at the start of the 2014/2015 parliamentary session.


Links to useful references:

Parliament: Report on the Draft Voting Eligibility (Prisoners) Bill

Prison Reform Trust: Prisoner voting: commonsense and a cross-party majority prevail

ECHR blog: UK Prisoner Voting Rights Update