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Prisoner Voting Rights

Prisoner Voting Rights. Andrew G Webster, Advocate. Representation of the People Act 1983. Register of parliamentary electors. Representation of the People Act 1983. Register of parliamentary electors Register of local government electors. Representation of the People Act 1983.

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Prisoner Voting Rights

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  1. Prisoner Voting Rights Andrew G Webster, Advocate

  2. Representation of the People Act 1983 • Register of parliamentary electors

  3. Representation of the People Act 1983 • Register of parliamentary electors • Register of local government electors

  4. Representation of the People Act 1983 • Register of parliamentary electors • Register of local government electors • Not subject of legal incapacity (age apart)

  5. Representation of the People Act 1983 • Register of parliamentary electors • Register of local government electors • Not subject of legal incapacity (age apart) • Person convicted of an offence

  6. Representation of the People Act 1983 • Appeal to Sheriff

  7. Representation of the People Act 1983 • Appeal to Sheriff • Appeal to “court of three judges” of the Court of Session

  8. FirstProtocol to ECHR Art 3: Right to free elections “... will ensure the free expression of the opinion of the people in the choice of the legislature.”

  9. Convention Jurisprudence • Hirst v. UK (No.2), 2006 46 EHRR 41

  10. Convention Jurisprudence • Hirst v. UK (No.2), 2006 46 EHRR 41 • Smith v. Scott, 2007 SC 345

  11. Convention Jurisprudence • Hirst v. UK (No.2), 2006 46 EHRR 41 • Smith v. Scott, 2007 SC 345 • Traynor and Anr v. Secretary of State for Scotland, 2007 CSOH 78

  12. Convention Jurisprudence • Hirst v. UK (No.2), 2006 46 EHRR 41 • Smith v. Scott, 2007 SC 345 • Traynor and Anr v. Secretary of State for Scotland, 2007 CSOH 78 • R v. Secretary of State ex p. Toner and Walsh, [2007] NIQB 18

  13. Convention Jurisprudence • R v. Secretary of State ex p. Toner and Walsh, [2007] NIQB 18 “... Restraints on Article 3 Protocol 1 are justifiable provided they pursue a legitimate aim and are proportionate.”

  14. Convention Jurisprudence • Chester v. Secretary of State for Justice, [2009] EWHC 2923 (Admin); [2010] EWCA Civ 1439 “... ill-equipped to decide this issue of social policy, and certainly ill-equipped to legislate and provide for the consequences of any view, plain and obvious or otherwise, as to which category of prisoners ought to be enfranchised as a result of the removal of the absolute ban.”

  15. Convention Jurisprudence • Greens and MT v. United Kingdom, [2010] ECHR 60041/08

  16. Convention Jurisprudence • Greens and MT v. United Kingdom, [2010] ECHR 60041/08 • Scottish Parliament “... the legislature.”? Molka v. Poland, [2006] ECHR 56550/00

  17. EU Law • European Citizen • Art 9, TEU: “Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.”

  18. EU Law • Art 8b.1, Maastricht Treaty “Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that State”

  19. EU Law • Art 8, Maastricht Treaty • Arts 17 to 20, Amsterdam Treaty • Art 22, Lisbon Treaty, TFEU • Art 20(2), Lisbon Treaty

  20. EU Law • Art 22, Lisbon Treaty, TFEU • “Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that State” • Art 20(2), Lisbon Treaty, TFEU • Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia, ... the right to vote and to stand as candidates in ... municipal elections in their Member State of residence under the same conditions as nationals of that State.”

  21. EU Law • Zambrano, Case C3409

  22. EU Law • Zambrano, Case C3409 • Eman & Sevinger, Case C-300/04

  23. EU Law • Zambrano, Case C3409 • Eman & Sevinger, Case C-300/04 • Govt. of the French Community v. Flemish Community, Case C-212/06

  24. EU Law • Directive 94/80/EC “basic local government units”

  25. EU Law • Directive 94/80/EC “basic local government units” : “counties in England; counties, county boroughs and communities in Wales; regions and islands in Scotland; districts in England, Scotland and Northern Ireland; London boroughs; parishes in England; the City of London in relation to ward elections for common councilmen”

  26. McGeoch: Reclaimed • Early July • Preliminary reference • Judicial willingness

  27. Andrew G WebsterAdvocate

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