(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter.
Held: The denial of a right to vote was in infringement of his rights and disproportionate. Different signatory countries had applied different standards. The UK law made a great distinction between different categories of offender or crime, but did not apply the same rules to prisoners on remand or imprisoned for non-payment of fines or contempt. There was no evidence of the issues having been considered by parliament in a way which took account of the issues of human rights.
Citations:
74025/01, Times 08-Apr-2004, (2004) 38 EHRR 825, [2004] ECHR 122
Links:
Statutes:
Representation of the People Act 1983 3, European Convention on Human Rights A3-1
Jurisdiction:
Human Rights
Citing:
Appeal from – Regina (Pearson Martinez and Hirst) v Secretary of State for the Home Department and Others; Hirst v Attorney-General QBD 17-Apr-2001
A law which removed a prisoner’s right to vote whilst in prison was not incompatible with his human rights. The implied right to vote under article 3 was not absolute, and states had a wide margin of appreciation as to how and to what extent the . .
Cited by:
Cited – Nilsen v HM Prison Full Sutton and Another CA 17-Nov-2004
The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. . .
At Commission – Hirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .
At Commission – Hirst v The United Kingdom ECHR 3-Dec-2009
(Resolutions) The court noted the long delay in the respondent in implementing the judgment of the court and giving prisoners voting rights, the present consultation and adjourned until March 2011 for further information. . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Prisons, Elections
Updated: 24 July 2022; Ref: scu.195514