Section 2 provides in similar terms in relation to local government elections, but
with the addition in (c) of the words “or a relevant citizen of the Union”, to meet
the requirements of what is now article 22(1) TFEU.
6.
Section 3 of the Act, as amended by section 24 of and paragraph 1 of
Schedule 4 to the Representation of the People Act 1985, disenfranchises serving
prisoners, providing:
“Disfranchisement of offenders in prison etc
(1) A convicted person during the time that he is detained in a penal
institution in pursuance of his sentence or unlawfully at large when
he would otherwise be so detained is legally incapable of voting at
any parliamentary or local government election.
(2) For this purpose-(a) ‘convicted person’ means any person found guilty of an offence
(whether under the law of the United Kingdom or not), ….., but not
including a person dealt with by committal or other summary process
for contempt of court; …
(c) a person detained for default in complying with his sentence shall
not be treated as detained in pursuance of the sentence…”
The effect of the last words of section 3(2)(a) and of section 3(2)(c) is to exclude
persons imprisoned for contempt of court or default in paying a fine.
7.
Entitlement to vote in European Parliamentary elections is provided
domestically by the European Parliamentary Elections Act 2002 (“EPEA”). For
present purposes section 8(2) and (3) are relevant, and they confer such entitlement
on a person:
“(2) ….. if on the day of the poll he would be entitled to vote as an
elector at a parliamentary election in a parliamentary constituency
wholly or partly comprised in the electoral region, and—
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