Here is the news. Peter Chester, a post-tariff life sentence prisoner, is challenging the Minister of Justice for denying him the vote. Mr Chester is entitled to legal aid because he satisfies the government set means test, and the Legal Services Commissions merits test. This means that he does not have the money to obtain access to justice without public funding, and that the LSC believes he has a good chance at success in the action against the MoJ.
In Hirst v UK(No2) the European Court of Human Rights decided that a blanket ban violated Protocol 1 of Article 3 of the Convention. The issue of a lifer being post-tariff is important because of the twin aims of retribution and deterrence (punishment elements) are satisfied at the expiry of tariff. The tariff is that element of a life sentence which the trial judge believes meets justice in punishment terms, and continued detention can only be justified on grounds of public protection. This treatment stage must be separated from the punitive stage for legitimacy. The government has always argued that loss of the vote is part of the punishment. Peter Chester is no longer being legally punished he is being legally treated. Whatever one's thoughts about his offence, he is, in this case, a victim.
The government erred in law by excluding post-tariff lifers from the consultation exercise. The UK is already in deep water at the EU for not abiding by the ECtHR decision. This case adds to the pressure on the goverment to toe the line.
I find the MSM reporting below very irresponsible, and the commenters in the Daily Mail fail to address the issues. No wonder our politicians knee-jerk when the redtops are knee-jerking and the readers knee-jerk.
Child killer used public money to demand right to vote
A child killer serving a life sentence is using public money and human rights legislation to challenge the Government's refusal to allow him and other lifers the vote.
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'Don't give vote to man who killed my Donna'
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Child killer using public money in legal bid to win right to vote
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Monster who raped and killed a child uses public funds to sue the government because they won't let him vote
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