tag:blogger.com,1999:blog-20662517.post3843082533843647214..comments2023-10-03T15:45:51.825+01:00Comments on Jailhouselawyer's Blog: Ireland: prisoners can vote, emigrants cannotjailhouselawyerhttp://www.blogger.com/profile/03795278184797990706noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-20662517.post-68812845528152707982011-02-18T18:24:05.501+00:002011-02-18T18:24:05.501+00:00The way I read the Representation of the People Ac...The way I read the Representation of the People Act 1983 s.3(2)(b), is that it only makes "legally incapable of voting" prisoners who are in a "penal institution" according to this definition:<br /><br />(b) “penal institution” means an institution to which the Prison Act 1952, the Prisons (Scotland) Act 1952 or the Prison Act (Northern Ireland) 1953 applies;<br /><br />So as far as this section goes, being in a non-UK jail seems no bar to voting in the UK.<br /><br />Cannot see another section or Act that adds a bar, though that may of course be possible. Specifically the law adding the "overseas elector" concept does not seem to add a bar - Representation of the People Act 2000 SCHEDULE 2 seems to be the amendment that created the "overseas elector".<br /><br />If someone in a foreign jail got themselves onto the electoral role as an "overseas elector", just like UK citizens who have moved abroad for less that 15 years, then it looks like UK courts would not block their postal or proxy vote.<br /><br />Do you know anyone who has tried this? If it is blocked somehow, looks like the remedy would be in UK courts in the first instance.<br /><br />Here are a few links on "overseas voters".<br /><br />http://www.electoralcommission.org.uk/faq/voting-and-registration/can-i-still-vote-if-i-move-overseas<br /><br />http://www.aboutmyvote.co.uk/register_to_vote/british_citizens_living_abroad.aspx<br /><br />http://www.rochford.gov.uk/pdf/elections_app_reg_overseas_elector_%28RPF37%29.pdf<br /><br />http://www.legislation.gov.uk/ukpga/1983/2/section/3<br /><br />http://www.legislation.gov.uk/ukpga/2000/2/schedule/2rwendlandhttps://www.blogger.com/profile/07861901317813829419noreply@blogger.comtag:blogger.com,1999:blog-20662517.post-13188633527287700302011-02-18T17:04:32.703+00:002011-02-18T17:04:32.703+00:00rwendland: My understanding is that foreign prison...rwendland: My understanding is that foreign prisoners in UK prisons are entitled to vote in their countries elections and the European election. But, UK prisoners in jail abroad cannot vote in either.<br /><br />This is an issue which is worth arguing before the ECJ (if not the ECtHR).jailhouselawyerhttps://www.blogger.com/profile/03795278184797990706noreply@blogger.comtag:blogger.com,1999:blog-20662517.post-26264867428643329052011-02-18T15:58:38.823+00:002011-02-18T15:58:38.823+00:00A bit off topic: Seeing this made me wonder if UK ...A bit off topic: Seeing this made me wonder if UK prisoners in foreign jails can vote in the UK (under the for 15 years after moving abroad rule). A quick nosey at ROSA 1983 s.3 suggests they can, by virtue of the seemingly tight UK definition of “penal institution” there. If that's correct, is that an unevenness (which EU jail affects outcome) that was made to the ECHR, or indeed to the media here?<br /><br />It rather looks like, if the prisoner is repatriated to a UK jail to serve the term, he would then lose voting rights that he had while in the foreign jail. An odd effect.rwendlandhttps://www.blogger.com/profile/07861901317813829419noreply@blogger.comtag:blogger.com,1999:blog-20662517.post-52881215271267373972011-02-18T15:06:33.939+00:002011-02-18T15:06:33.939+00:00An emigrant could be sent to prison for voting, wh...An emigrant could be sent to prison for voting, which is ridiculous on two levels. First, the very idea that an Irish citizen who leaves home to provide a better life for themselves and/or their family should be punished for engaging in that most basic of civic rights is obscene. I can almost see the logic of not facilitating voting from overseas, but I cannot see why those few who might wish to go to the trouble and expense of returning to vote should be considered criminals for doing so.<br /><br />How absurd is this!court recordshttp://www.identitypi.com/court-records.phpnoreply@blogger.com