loss of voting rights may continue even after a prisoner’s release. It is apparent that
this is not a question on which there is any consensus.
115. From a prisoner’s point of view the loss of the right to vote is likely to be a
very minor deprivation by comparison with the loss of liberty. There are no doubt
prisoners whose interest in public affairs or strong views on particular issues are
such that their disenfranchisement represents a serious loss, just as there are
prisoners (probably more numerous) whose enthusiasm for active sports makes
imprisonment a special hardship. The severity of a sentence of imprisonment for
the convicted person will always vary with a wide variety of factors whose impact
on him or her will inevitably be arbitrary to some degree. It has been said, for
example, that disenfranchisement may bear hardly on someone sentenced to, say, a
short period of imprisonment which happens to coincide with a general election.
For some prisoners, this will no doubt be true. But I decline to regard it as any
more significant than the fact that it may coincide with a special anniversary, a
long anticipated holiday or the only period of fine weather all summer.
116. Article 3 of the First Protocol to the Human Rights Convention provides
that the contracting parties “undertake to hold free elections at reasonable intervals
by secret ballot, under conditions which will ensure the free expression of the
opinion of the people in the choice of the legislature.” In 2005, the Grand Chamber
of the European Court of Human Rights held in Hirst v United Kingdom (No 2)
(2005) 42 EHRR 849 that a “blanket restriction” on voting by all prisoners
violated article 3 of the First Protocol. In Greens and MT v United Kingdom
(2010) 53 EHRR 710, the European Court of Human Rights delivered a “pilot
judgment” on a large number of petitions by convicted prisoners which sought
damages for the denial of their rights under article 3 of the First Protocol,
consequent upon the decision in Hirst. The court refused to make an award of
damages, but directed that the United Kingdom should “bring forward, within six
months of the date upon which the present judgment becomes final, legislative
proposals intended to amend the 1983 Act and, if appropriate, the 2002 Act in a
manner which is Convention-compliant” and effectively stayed further
proceedings on pending petitions of the same kind until the expiry of that period.
The deadline was subsequently extended by the European Court until six months
after the judgment of the Grand Court in another case, Scoppola v Italy (No 3)
(2012) 56 EHRR 663, in which the United Kingdom government proposed to
intervene to make submissions about the correctness of Hirst. However, the
judgment in that case, which was delivered on 22 May 2012, reaffirmed both the
reasoning and the decision in Hirst. The deadline imposed by the Strasbourg Court
expired in November 2012.
117. In December 2006, in the light of the decision in Hirst, the Government
published a consultation paper setting out two alternative proposals for amending
section 3 of the Representation of the People Act. One was to enfranchise
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