The Law Reports (Appeal Cases)
[2014] AC 271
Supreme Court
Regina (Chester) v Secretary of State for Justice and another
McGeoch v Lord President of the Council and another
[2013] UKSC 63
2013 June 10,
11;
Oct 16
Baroness Hale of Richmond DPSC, Lord Mance, Lord Kerr of Tonaghmore, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Hughes JJSC, Lord Hope of Craighead
European Union— Elections— Right to vote in European Union and municipal elections— Statutory blanket ban on convicted prisoners voting— Prisoner serving life sentence for murder applying for his name to be included on electoral register for European Union and municipal elections— Application refused— Whether compatible with petitioner’s Treaty rights— Whether Treaties giving European Union citizens individual right to vote— Whether right having to comply with principles of European Court of Human Rights jurisprudence— Whether right limited to citizens resident in state other than that of their nationality—
Representation of the People Act 1983 (c 2), s 3(1) (as amended by Representation of the People Act 1985 (c 50), s 24, Sch 4, para 1)
—
European Parliamentary Elections Act 2002 (c 24), s 8
—
FEU Treaty
, art 20(2)(b)FEU
—
Charter of Fundamental Rights of the European Union
, art 40
Human rights— Free elections— Interference with— Statutory blanket ban on convicted prisoners voting— Prisoners sentenced to life imprisonment for murder challenging ban— Court’s duty to “take into account” judgments and decisions of European Court of Human Rights— Decisions of European Court of Human Rights holding statutory blanket ban on convicted prisoners voting incompatible with Convention right to free expression of opinion in choice of legislature— Government challenging correctness of decisions in domestic proceedings— Whether decisions to be applied— Whether ban contravening Convention right to free expression of opinion in choice of legislature— Whether declaration of incompatibility to be granted—
Representation of the People Act 1983, s 3(1) (as amended by Representation of the People Act 1985, s 24, Sch 4, para 1)
—
Human Rights Act 1998 (c 42), Sch 1, Pt II, art 3
—
European Parliamentary Elections Act 2002, s 8