Prisoners win right to vote after landmark European Court ruling

Prisoners win right to vote after landmark European Court ruling

Justice Minister Michael Wills

All prisoners serving sentences of up to a year could be given the right to vote under plans being considered by the Ministry of Justice.

And it could even be extended to criminals serving up to four years, according to options published in a consultation paper.

Justice Minister Michael Wills said giving some prisoners the vote was 'unavoidable' because of a ruling by the European Court of Human Rights.

The consultation paper sets out a range of options for which prisoners should be allowed to participate in elections.

They include automatic enfranchisement for prisoners serving less than a year, less than two years or less than four years.

Prisoners terms longer than four years will not be considered. The two or four-year limits would also include exemptions for criminals who had committed certain more serious offences.

Another option is to give the vote to those serving sentences of up to two years, but allow prisoners with four year terms the right to appeal to a judge to grant them specific permission.

Mr Wills said the Government was inclined towards the lower end of the spectrum.

He said: 'The Government has made it clear that it disagreed with the European Court of Human Rights ruling.

'However, the result of the ruling is that some degree of voting being extended to some serving prisoners is legally unavoidable.

'But, importantly, the Government does not propose to give all prisoners the vote.

'We will ensure that whatever the outcome of this consultation, the most serious and dangerous offenders held in custody will not be able to vote.

'Prisoners sentenced to more than four years imprisonment will not be permitted to vote in any circumstances.

'We believe this is compatible with the court's judgement and reflects the expectation of the British public that those guilty of the most serious offences should not be entitled to vote while in custody.'

In 2004, the European Court of Human Rights ruled the blanket ban on prisoners voting, which dates back more than 140 years, was unlawful.

Ministers launched a long-running consultation process on the issue, but did not change the law.

Prison reform groups then made a formal complaint to the Council of Europe on what they called the Government's delaying tactics.

A Ministry of Justice spokesman said the Government had no plans to legislate on the issue before the next election.


European Court of Human Rights