Comments on Obsolete: Votes for prisoners and John Hirst.

The British statute has already been declared inco...

2010-11-04T17:34:41.631+00:00

The British statute has already been declared incompatible with the ECHR by Smith v Scott, a Scottish inner House (appellate) case (2007) CSIH 9 http://www.scotcourts.gov.uk/opinions/2007CSIH9.html - the government should have responded to this long before now.

Well, we'll see. There are plenty of other Eu...

2010-11-04T14:02:51.526+00:00

Well, we'll see. There are plenty of other European nations also in breach if that's the case; I seriously can't see the government legislating for all prisoners to have the vote willingly without a further legal challenge.

"The best option would seem to be to disallow...

2010-11-04T13:36:54.714+00:00

"The best option would seem to be to disallow those given either a life or indeterminate sentence from being able to vote".

Doh!

Hirst v UK (No2) was taken by a man serving life for manslaughter, and Frodl v Austria was taken by a man serving life for murder. In both cases the Court stated that they are entitled to the human right to the vote.

The only limitations allowed must be for example electoral fraud.

Phil: I quite agree on that score, yet it'd be...

2010-11-04T12:52:11.195+00:00

Phil: I quite agree on that score, yet it'd be highly difficult to exclude one and not the other on the basis I've set out.

To some extent the consultations have been overtak...

2010-11-04T11:55:47.659+00:00

To some extent the consultations have been overtaken by events. the Frodl case [2010] ECHR 508 (where the applicant was a murderer) http://bit.ly/au58lA (judgment via BAILII) suggests that it is only where the convicted person can only be barred from voting if he or she has an election related offence.

The best option would seem to be to disallow those...

2010-11-04T08:34:05.987+00:00

The best option would seem to be to disallow those given either a life or indeterminate sentence from being able to vote.

Delete "or indeterminate" and I think you're on to something. But IPP sentences are a monstrosity, as Brian has shown.