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Representation of the People (Prisoners) Bill

A

BILL

TO

Repeal the Voting Eligibility (Prisoners) Act 2019; reaffirm prisoners’ right to vote; set a restriction based on offence; and connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1- Prisoner Voting Eligibility

(1) A prisoner serving a custodial sentence for a schedule 1 offence is disqualified from voting in elections.

(2) In this section a schedule one offence means an offence listed in schedule one.

(3) This Section applies to people sentenced before, as well as after the act comes into effect.

(4) This section also applies to sentences issued by foreign courts for offences that are replicated in the legal jurisdiction where the prisoner intends to vote and are also schedule one offences.

Section 2 - Consequential repeal

(1) The Voting Eligibility (Prisoner) Act 2019 is repealed.

(2) In The Representation of the People Act 1983 for Section 3 substitute,

"3 Disenfranchisement of Prisoners

For provisions about the disenfranchisement of prisoners, see the Representation Of The People (Prisoners) Act 2019.”

Section 3- Re-enfranchisement

(1) A prisoner whom is disenfranchised under Section 1 may be reenfrancised, whereby Section 1 is disapplied, upon the granting of an exception from an authorised person.

(2) A prisoner may apply for re-enfranchisement from an authorised person, if their remaining time to serve as a cumulative sum being calculated from consecutive sentences as described in Section 1 subsections (f) (g) totals less than six years.

(3) A prisoner applying for re-enfranchisement should along with the application attach,

(i) Supporting evidence to show that they feel remorse for the crime, and

(ii) Supporting evidence describing how they see a positive future for themselves in society.

(4) An authorised person is to carefully consider all relevant factors when deciding to re-enfranchise giving particular note to;

(a) Whether the individual feels remorse, which may be assessed considering the following factors if applicable amongst other factors deemed necessary by the authorised person should give consideration to but not exclusivly such factors as;

(i) The fact of an admission of guilt during the trial or at a latter date and the circumstances of it,

(ii) statements made by the appellant,

(iii) the conduct and behaviour of the appellant towards fellow prisoners and prison staff and

(iv) participation by the appellant in restorative justice initiatives if applicable.

and any other factor deemed necessary by the authorised person, and remembering that not all factors may be relevant.

(b) Whether the individual believes themselves to have positive future for themselves in society if applicable amongst other factors deemed necessary by the authorised person should give consideration to but not exclusively such factors as;

(i) participation by the appellant in education, skills and medical based rehabilitation programs that prepare them for a return to society,

(ii) future plans made by the appellant such as those regarding work and accommodation,

(iii) the conduct and behaviour of the appellant towards fellow prisoners and prison staff,

(iv) a interest by the appellant in politics or the future direction of the country and

(v) the appellent cultivating positive familial or fraternal ties outside of prison in preparation for release.

(5) In this section an authorised person is

(a) the governor or director of the prison, or

(b) a person nominated by the former”

Section 4 - Technical Provisions

(1) A person who is a prisoner is entitled to be treated for the purposes of Section 4 of the representation of the people act as resident at,

(a) an address in the United Kingdom where the person resided immediately before becoming a prisoner or on remand in a mental hospital,

(b) in the absence of an address within paragraph (a), an address in the United Kingdom where the person has a connection to that community.

(2) An application by a prisoner for registration in a register of electors must be accompanied by a statement by an authorised person that the prisoner is not disqualified from voting by the Representation Of the people Act 2019.

(3) In this section (2) an authorised person is,

(a) The governor or director of the prison, or

(b) a person nominated by the former”

Section 5: Amendments

In Schedule 1 of the Human Rights 1998, after Article 18, add—

Article 19
The right to vote
Everyone shall have the right to vote within the country of which they are a citizen, as is reasonable and synergistic with Article 10.

and renumber accordingly.

Section 6: Extent, commencement and short title

(1) This Act shall extend to England and Wales, Scotland and Northern Ireland.

(2) This Act shall come into force on 5th May 2021.

(3) This Act may be cited as the Representation of the People (Prisoners) Act 2019.

Schedule 1

A schedule one offence is criminal conduct as respects which the corresponding offence under the law of England and Wales —

(a) murder;

(b) manslaughter;

(c) kidnapping;

(d) high treason;

(e) piracy;

(f) offence under section 2 of the Treason Act 1842 (attempt to injure or alarm the Sovereign);

(g) an offence under section 3 of the Treason Felony Act 1848 (compassing the deposition of the Sovereign etc);

(h) an offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children).

(i) an offence under section 2 or 3 of the Explosive Substances Act 1883 (causing explosion likely to endanger life or property etc);

(j) an offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction);

(k) an offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children);

(l) an offence under section 1 of the Infanticide Act 1938 (infanticide);

(m) an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of conventions);

(n) an offence under any of sections 1, 2, 5, 6 or 8 to 11 of the Terrorism Act 2006.

(o) an offence under section 12A of the Theft Act 1968 (aggravated vehicle taking) which involving an accident which caused the death of any person;

(p) an offence under section 1(2) of the Criminal Damage Act 1971 (destroying or damaging property with intent to endanger life);

(q) an offence under section 1 of the Biological Weapons Act 1974 (developing biological agents etc);

(r) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);

(s) an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking);

(t) an offence under any of sections 1 to 3 of the Aviation Security Act 1982 (hijacking, destroying, or damaging an aircraft);

(v) an offence under section 1 or 2 of the Child Abduction Act 1984 (abduction of child);

(w) an offence under section 134 or 160 of the Criminal Justice Act 1988 (torture, or possession of indecent photograph of child);

(x) an offence under section 1 or 3A of the Road Traffic Act 1988 (causing death by dangerous driving or causing death by careless driving when under the influence of drink or drugs.);

(y) an offence under any of sections 1 to 6 or 8(6) of the Official Secrets Act 1989 (disclosure of information relating to security, intelligence, defence, international relations etc);

(z) an offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system);

(aa) an offence under section 2 of the Chemical Weapons Act 1996 (use etc of chemical weapons);

(ab) an offence under section 11, 12, 15, 16, 17, 18, 38B, 54, 56, 57 or 58 of the Terrorism Act 2000;

(ac) an offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes etc);

(ad) an offence under section 47, 79, 80, 113 or 114 of the Anti-terrorism, Crime and Security Act 2001;

(ae) any offence under Part 1 of the Sexual Offences Act 2003 except one under section 51A, 66, 67, 67A or 71.

This Bill was written by the Rt Hon. The Baron Grantham KP KCB MVO CBE PC QC, Her Majesty’s Secretary of State for Justice, Lord High Chancellor of Great Britain and Attorney General of England and Wales on behalf of the 21st Government.

This division shall end on the 27th November 2019 at 10pm.

Please vote using only Aye, No or Abstain.