Voting rights for detained patients: Difference between revisions
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In general, detained and informal psychiatric in-patients are entitled to vote. However, under s3A [[Representation of the People Act 1983]], certain offenders detained in mental hospitals are disenfranchised: these are those detained, or unlawfully at large, under [[s37]], [[s38]], [[s44]], [[s51]](5), [[s45A]], [[s46]] (now repealed) or [[s47]] MHA; s5(2)(a) [[CPIA 1964]]; and s6(2)(a) or 14(2)(a) Criminal Appeal Act 1968. Those remanded in custody under [[s35]], [[s36]] or [[s48]] are not disenfranchised. Further detail can be found in the section itself, including the provisions relevant to Scotland and Northern Ireland. Guidance on eligibility and registration can be found in the Care Quality Commission's document "Voting rights for detained patients". | In general, detained and informal psychiatric in-patients are entitled to vote. However, under s3A [[Representation of the People Act 1983]], certain offenders detained in mental hospitals are disenfranchised: these are those detained, or unlawfully at large, under [[s37]], [[s38]], [[s44]], [[s51]](5), [[s45A]], [[s46]] (now repealed) or [[s47]] MHA; s5(2)(a) [[CPIA 1964]]; and s6(2)(a) or 14(2)(a) Criminal Appeal Act 1968. Those remanded in custody under [[s35]], [[s36]] or [[s48]] are not disenfranchised. Further detail can be found in the section itself, including the provisions relevant to Scotland and Northern Ireland. Guidance on eligibility and registration can be found in the Care Quality Commission's document "Voting rights for detained patients". | ||
On 2/11/10 there was a House of Commons debate following an urgent question on the Government's 'plans to give prisoners the vote'. The UK Government has 'no choice' but to obey decisions of the European Court of Human Rights, and active steps are being taken to do so, particularly to help avoid the payment of damages to prisoners who make HRA claims. The relevant judgment is [[Hirst v UK (No 2) 74025/01 (2005) ECHR 681]] which declared unlawful the blanket restriction on voting which applies to all convicted prisoners in prison irrespective of the length of their sentence, the nature or gravity of their offence, or their individual circumstances. | |||
==Related pages== | ==Related pages== | ||
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[http://www.cqc.org.uk/_db/_documents/19%20Voting%20rights%20of%20detained%20patients.doc CQC: Voting rights for detained patients] - reviewed October 2008 | [http://www.cqc.org.uk/_db/_documents/19%20Voting%20rights%20of%20detained%20patients.doc CQC: Voting rights for detained patients] - reviewed October 2008 | ||
[http://news.bbc.co.uk/democracylive/hi/house_of_commons/newsid_9150000/9150557.stm BBC Democracy Live: Government 'must allow some prisoners to vote', 2/11/10] - House of Commons video | |||
[http://www.telegraph.co.uk/news/uknews/law-and-order/8103580/Prisoners-to-get-the-vote-for-the-first-time.html Telegraph, 'Prisoners to get the vote for the first time', 1/11/10] - The article which led to the Commons debate | |||
[[Category:Miscellaneous articles]] | [[Category:Miscellaneous articles]] | ||
Revision as of 07:44, 3 November 2010
In general, detained and informal psychiatric in-patients are entitled to vote. However, under s3A Representation of the People Act 1983, certain offenders detained in mental hospitals are disenfranchised: these are those detained, or unlawfully at large, under s37, s38, s44, s51(5), s45A, s46 (now repealed) or s47 MHA; s5(2)(a) CPIA 1964; and s6(2)(a) or 14(2)(a) Criminal Appeal Act 1968. Those remanded in custody under s35, s36 or s48 are not disenfranchised. Further detail can be found in the section itself, including the provisions relevant to Scotland and Northern Ireland. Guidance on eligibility and registration can be found in the Care Quality Commission's document "Voting rights for detained patients".
On 2/11/10 there was a House of Commons debate following an urgent question on the Government's 'plans to give prisoners the vote'. The UK Government has 'no choice' but to obey decisions of the European Court of Human Rights, and active steps are being taken to do so, particularly to help avoid the payment of damages to prisoners who make HRA claims. The relevant judgment is Hirst v UK (No 2) 74025/01 [2005] ECHR 681 which declared unlawful the blanket restriction on voting which applies to all convicted prisoners in prison irrespective of the length of their sentence, the nature or gravity of their offence, or their individual circumstances.
Related pages
MHA 1983 s141 - Members of Parliament suffering from mental illness
External links
CQC: Voting rights for detained patients - reviewed October 2008
BBC Democracy Live: Government 'must allow some prisoners to vote', 2/11/10 - House of Commons video
Telegraph, 'Prisoners to get the vote for the first time', 1/11/10 - The article which led to the Commons debate