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European Court of Human Rights (ECHR) (Grand Chamber): Case of Hirst v. The United Kingdom (No.2)

Published online by Cambridge University Press:  27 February 2017

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Abstract

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 45 , Issue 2 , March 2006 , pp. 467 - 490
Copyright
Copyright © American Society of International Law 2006

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References

* This text was reproduced and reformatted from the text appearing at the European Court of Human Rights website (visited February 14, 2006) <http://www.echr.coe.int/echr>.

1 Where in fact the period of disqualification may extend beyond the end of the prison term.

2 There is no bar but no arrangements are made to enable prisoners to vote.

3 The vote is removed from prisoners sentenced for more than one year and if they committed the crime with intent.

4 A restriction on voting applies to prisoners accused of serious violations of international law or indicted before the international tribunal.

5 Prisoners may vote if the right is given by the court.

6 Restrictions apply to prisoners sentenced to terms over ten years, while life imprisonment attracts a permanent deprivation of the right to vote. For terms of one to ten years, courts may also restrict votes for one to five years where the conduct shows moral perversity.

7 Serious offenders and bankrupts with a sentence of five years or more automatically lose the vote, while minor offenders debarred from holding public office lose the right at the discretion of the judge.

8 Unless the sentencing court removes civil rights as part of sentencing.

9 Prisoners convicted of a serious crime lose the vote.

10 Right to vote may be revoked by a court though this is very rare and possibly restricted to treason and national security cases.

11 Prisoners sentenced to three years or more where the crime is blameworthy (very serious) may lose the right to vote.

12 Unless, which rarely happens the sentencing judge expressly removes the right to vote.