[67] The remaining issues, that is, Mr Taylor’s standing and whether a declaration should have been made in this case can be dealt with briefly. Mr Taylor’s standing – the cross-appeal [68] As we have noted, no question of Mr Taylor’s standing was raised by the Crown in either of the Courts below.88 The matter was accordingly not dealt with in the High Court and was the subject of only brief discussion in the judgment of the Court of Appeal. In these circumstances, we consider it is not helpful for us to traverse broader questions of public interest standing. Given the way in which the issue of standing arose, we do not have the benefit of these broader questions having been properly ventilated in the Courts below. [69] Instead, we are content to conclude Mr Taylor has standing on the basis the 2010 Amendment expressly continued the prohibition on voting for long-term prisoners especially in the context of a case focused on the jurisdiction of the court to make a declaration of the type sought.89 The decision to grant a declaration in this case [70] As with standing, as the jurisprudence develops questions over the approach to be taken to the exercise of the discretion to grant relief will arise. 90 However, we do not need to resolve those questions or indeed any questions about how the discretion to grant relief should have been exercised in this case. That is because the argument before us focused on whether the court has the power to grant relief at all. In these circumstances where, apart from the question of Mr Taylor’s standing, there were no submissions addressed to the exercise of the discretion, we see no basis for disturbing the conclusion of the Courts below that a declaration was appropriate. 88 89 90 See above at [17]. 2010 Amendment, s 6. In addition, there may well be a range of other practical issues about the approach to those cases in which a declaration of inconsistency is sought. But it is not necessary or appropriate for us to embark on a consideration of these matters now in the absence of argument.

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