As to procedure, in what constituency is a prisoner to vote; that of the prison he/she is in – or that of his/her normal place of residence/registration?

The necessity for MP’s to visit prisons to canvass would be no bad thing apropos prison conditions…

My own experience of teaching in prisons underlined how politically engaged many inmates were. In going through the criminal justice system, many who had previously admitted to being entirely apolitical on the outside realised the importance of politics, whether at a local or national level.

Regrettably, the argument ‘for’ is still rather academic, and I fear it will be some time before sympathy for this cause becomes main-stream.

Our society is deeply flawed. These flaws create the conditions for rational citizens to commit property crime. A hungry, homeless, isolated and jobless citizen facing a choice between freezing or starving to death may well choose life and appropriate property in a way that is outlawed by bourgeois society. This, despite the commission of such an act being entirely rational, is punished by the bourgeois justice system as criminal. I beg to differ. I do not believe it should be criminal and nor do I believe such scenarios are rare and hence trivial.

For me, this is the main reason why I believe convicts should have the vote. They, above most other citizens, will often have the most experience of economic exclusion and the failings of Society. The solution to their problems is not to change themselves. They are not bad or evil people. They are merely rational agents reacting rationally to their adverse circumstances . The solution to their problems, their offending behaviour, and the social forces that have given rise to it, is to change society. That is a political project in which convicts should be encouraged to participate. That is why I believe they should be able to vote, whether in or out of prison.

Absolutely spot on !! Well said.

This case represents the notion that there is a difference between contractual dispute and fundamental rights enshrined by the HRA, in particular which did not arise as matters were found to be contractually restricted. But this does not follow that the HRA is therefore defunct as due process under Article 6 and, right to privacy under Article 8 remain a focal point for redress, as indeed the concept of impartiality a la Ridge and Baldwin again a case involving the Met. Police and the question of impartiality arose as regards to it’s disciplinary procedure which was found to be flawed.

Moreover, one should also have site of the fact and question whether disciplinary proceedings taking over 6 years (though the doctor would have been paid on suspension) is really due process or fair?.

The UK ought to now honour its obligation in international law and ensure that a compliant regime is put in place. Failure to do this would raise questions about just what sort of “democratic vision” exists in the UK.

The wide margin of appreciation in this area was almost certainly there anyway and hardly needed Scoppola to spell it out. Dominic Grieve’s argument was decisively rejected but he will be able to present the court’s comments about the margin of appreciation as something of a victory.

Let us also remember that the Committee of Ministers is charged with supervising the implementation of a final judgment. Thus, it will not do for the UK government to merely “present a Bill” and then let it languish. There would have to be real progress within a sensible period of time.

I’m not a lawyer.

Could someone tell me what the word “appreciation” means in this context.

I’m wanting to write to my MP in support of this ruling. (But my MP is a Toxic Tory, and a barrister, and wants to repatriate human rights to Westminster, and proudly boasted on the Hirst ruling “Not one person had written to me in favour of votes for prisoners”)

The Grand Chamber states that essentially both Scoppola and Italy’s submissions were the same as put to the Chamber. This being the case, why did the Grand Chamber then decide to allow an appeal? Could it be the vehicle to allow the UK another bite at the cherry? If so, not only did the UK abuse the process but also the GC.

The UK argued that Member States should be allowed a wide margin of appreciation, this was already dealt with by the GC in Hirst No2. I am not clear what the UK was arguing here: “Each State should be free to adopt its own legal system in keeping with its social policy, and to choose which arm of the State (legislature, executive or judiciary) should have the power to take decisions concerning prisoners’ voting rights”. I thought States already adopts its own legal system and decides social policy. I don’t think the GC cares which arm of the State implements its decision as long as there is compliance.

Contrary to the ECHR and Council of Europe and Committee of Ministers rules the UK argues that Hirst No2, Frodl and Greens and MT v UK were all wrongly decided. In effect, the GC allowed the UK to appeal against unappealable decisions. This is where the GC should have stopped the UK in its tracks, and told the UK to stick to the issues in Scoppola. It has all the signs of someone appeasing rather than tackling a bully. The ECtHR has now lost some credibility, integrity and legitimacy. It would have lost everything had it not had some courage to not retreat on Hirst No2.