Chester v Secretary of State for Justice and Wakefield Metropolitan District Council: CA 17 Dec 2010

The prisoner claimant appealed against refusal of his request for judicial review of his disenfranchisement whilst a prisoner.
Held: The appeal was dismissed. It was not possible to read into the Act as suggested a duty on a judge on sentencing

Judges:

Lord Neuberger MR, Laws LJ, Carnwath LJ

Citations:

[2010] EWCA Civ 1439, [2011] UKHRR 53, [2011] ACD 30, [2011] 1 WLR 1436, [2011] UKHRR 53

Links:

Bailii

Statutes:

Representation of the People Act 1983 3(1), European Parliamentary Elections Act 2002 8

Jurisdiction:

England and Wales

Citing:

CitedChester, Regina (on The Application of) v Secretary of State for Justice and Another Admn 28-Oct-2009
Burton J dismissed a claim for judicial review brought by the serving prisoner, to challenge his statutory disfranchisement from voting in domestic and European Parliamentary elections. . .

Cited by:

CitedTovey and Others v Ministry of Justice QBD 18-Feb-2011
The claimants, serving prisoners, sought damages saying that the refusal to allow them to vote was in infringement of their human rights. The large numbers of claims had been consolidated in London. The claimant sought to withdraw his claim.
Appeal fromChester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights, Constitutional, Elections

Updated: 29 August 2022; Ref: scu.427268