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Court upholds prisoners' voting rights

7 Oct 05

European Court rules that blanket ban on voting is breach of human rights

The European Court of Human Rights ruled yesterday that the UK's legal ban on prisoners voting in elections is a breach of their human rights.

By a 12-5 majority the Grand Chamber of the Strasbourg court upheld an earlier seven-judge ruling in favour of John Hirst, 54, who is serving a life sentence in Rye Hill prison, Warwickshire, for mansalughter. Mr Hirst brought the challenge after his application to vote from prison was refused and a judicial review in the High Court failed.

The court ruled that the blanket exclusion of prisoners from voting, contained in the Representation of the People Act 1983, violated Mr Hirst's rights. However, the Lord Chancellor Lord Falconer has denied that the ruling means that every prisoner is entitled to vote.

Lord Falconer said he did not want to see inmates convicted of murder, rape and other serious crimes being allowed to vote. He added that a review of the rules would now take place.

The Department for Constitutional Affairs said that proposals would be introduced to allow some prisoners to vote in national and local elections. A spokesman said the Department would be looking at different categories of prisoners, based on the gravity of their offence.

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