Moohan, Re Judicial Review: SCS 19 Dec 2013

Outer House – the petitioners, each convicted serving prisoners, complained of the blanket ban on them voting in the referendum on Scottish Independence.
Held: The petition was refused. The Act was not a breach of the petitioners’ rights under European law: ‘by enacting the Franchise Act, the Scottish Parliament is not exercising competence in the sphere of nationality. It is not purporting to make a decision about EU membership or EU citizenship. The process which it is putting in place by the independence referendum is not a process which will have any direct impact on the question of EU membership or EU citizenship.’


Lord Glennie


[2013] ScotCS CSOH – 199, 2014 GWD 3-55, 2014 SLT 213




Scottish Independence Referendum (Franchise) Act 2013 3



Cited by:

Appeal fromMoohan and Black Gillon v The Lord Advocate SCS 2-Jul-2014
Inner House – Challenge to denial to prisoners of right to vote in forthcoming independence referendum. They said it was contrary to Human Rights and European Law.
Held: The House refused a reclaiming motion by the petitioners. . .
At Outer HouseMoohan and Another v The Lord Advocate SC 17-Dec-2014
The petitioners, convicted serving prisoners, had sought judicial review of the refusal to allow them to vote in the Scottish Referendum on Independence. The request had been refused in the Outer and Inner Houses.
Held: (Kerr, Wilson JJSC . .
Lists of cited by and citing cases may be incomplete.

Prisons, Elections, Human Rights, European

Updated: 03 August 2022; Ref: scu.519745