Prisoner Voting Rights in UK

In the present UK law prisoner voting rights has been restricted. Section 3 of the Representation of the People Act 1983 provides that a convicted person during the time of his detention is legally incapable of voting at any Parliamentary or local election.  The law also states that disqualification does not apply to prisoners imprisoned for contempt of court or default for non-payment of fine or held on remand.  Article 3 of the First Protocol of the European Convention on Human Rights ensures that the freedom of expression of the opinion of the people should be exercised in the case of choice of the legislature. The UK must take into account the advisory opinion of the European Convention on Human Rights.  

  

The first domestic case addressing prisoner rights in Hirst  v. United Kingdom ruled that section 3(1) of the RPA 1983 provides a total ban on prisoners voting which is incompatible with Article 3 of the First Protocol of the European Convention on Human Rights.

In the case of Scopolla  v. Italy  the Court held that disenfranchisement of prisoners sentenced to terms of imprisonment of three years or more found to violate Article 3 of the First Protocol of the European Convention on Human Rights.

Currently, UK’s position on prisoner voting rights is legally not acceptable, as it imposes a blanket ban on prisoner voting rights with no qualification. The issue has been referred to the ECHR and Very recently a comprehensive debate was introduced in the House of Commons on February 2011. However, the thoughts of MP’s and the decisions in other common law jurisdictions would appear to suggest that morally domestic law on prisoner voting rights is acceptable. The majority was of the view that the position should remain unchanged.