Prisoner voting: second stage consultation
08 April 2009
A second stage of consultation on prisoner voting was launched today by the Ministry of Justice.
The consultation process forms part of the government’s response to a European Court of Human Rights ruling that the current blanket ban on all serving prisoners from voting is incompatible with the European Convention on Human Rights.
The government believes it would not be appropriate for all serving prisoners to be able to vote and the consultation does not propose giving all prisoners the vote.
Justice Minister Michael Wills said:
‘The government has made it clear that it disagreed with the European Court of Human Rights ruling. However, the result of the ruling is that some degree of voting being extended to some serving prisoners is legally unavoidable. But, importantly, the government does not propose to give all prisoners the vote.
‘We will ensure that whatever the outcome of this consultation, the most serious and dangerous offenders held in custody will not be able to vote. Prisoners sentenced to more than four years imprisonment will not be permitted to vote in any circumstances. We believe this is compatible with the court’s judgment and reflects the expectation of the British public that those guilty of the most serious offences should not be entitled to vote while in custody.’
Responses to the first consultation – which considered broad principles on prisoner voting – are also published today as part of the second consultation document, which now invites views on the practical issues surrounding implementation of the judgment.
As the consultation sets out, having settled on sentence length as the basis for a system of partial enfranchisement, the government recognises that there are a range of points at which the line may be drawn in a way that is proportionate. However, the government remains firmly of the view that a prisoner’s entitlement to vote should be aligned to the seriousness of the offence they have committed. The government is prepared to consider the following options for prisoner enfranchisement.
- Prisoners who have been sentenced to a period of less than one years’ imprisonment would automatically be able to vote (subject to certain exceptions based on the type of offence for which they have been convicted). Prisoners sentenced to a term of one years’ imprisonment or more would not be entitled to vote.
- Prisoners who have been sentenced to a period of less than two years’ imprisonment would automatically be able to vote (subject to certain exceptions based on the type of offence for which they have been convicted). Prisoners sentenced to a term of two years’ imprisonment or more would not be entitled to vote.
- Prisoners who have been sentenced to a period of less than four years’ imprisonment would automatically be able to vote (subject to certain exceptions based on the type of offence for which they have been convicted). Prisoners sentenced to a term of four years’ imprisonment or more would not be entitled to vote.
- Prisoners who have been sentenced to a period of less than two years’ imprisonment would automatically be able to vote (subject to certain exceptions based on the type of offence for which they have been convicted). In addition, prisoners who have received sentences of between two and four years could apply to be entitled to vote, but only where a judge grants permission in their specific case. Prisoners sentenced to a term of four years’ imprisonment or more would not be able to vote.
Michael Wills added that the government remains inclined toward setting the threshold toward the lower end of the spectrum of these options, but welcomes views on all of the options in response to this consultation, taking into account the stated aims of the government set out above, the seriousness of the offence committed, and the need to implement the judgment in a proportionate manner. The final decision will be made by Parliament.
Notes to editors
- The closing date for responses to the second stage consultation document is 25 September 2009.
- The consultation launched today follows a ruling that the UK’s blanket ban on prisoners being able to vote is incompatible with Article 3 of the First Protocol to the European Convention on Human Rights (ECHR) which guarantees the right to free elections. The ECHR is an international treaty under the auspices of the Council of Europe. The UK was one of the countries that drafted the Convention, and was one of the first countries to ratify it in 1951. The Convention came into force in 1953.
- The Council of Europe is an international organisation for the promotion of democracy, human rights and the rule of law. It was founded in 1949 and is based in Strasbourg, France. It has 47 member states and is entirely separate from the European Union, having been founded before the European Economic Community.
- For more information contact the Ministry of Justice newsdesk on 020 3334 3536.