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| Version 1 | Version 2 |
|---|---|
| EU court ruling favours UK prisoner vote ban | EU court ruling favours UK prisoner vote ban |
| (about 1 hour later) | |
| The UK's ban on prisoners' rights to vote looks set to continue after a ruling by the European Court of Justice on a case in France. | The UK's ban on prisoners' rights to vote looks set to continue after a ruling by the European Court of Justice on a case in France. |
| Convicted murderer Thierry Delvigne claimed a ban on him voting in European Parliament elections violated his civil and political rights. | Convicted murderer Thierry Delvigne claimed a ban on him voting in European Parliament elections violated his civil and political rights. |
| But the court ruled the ban was "proportionate" to the offence. | But the court ruled the ban was "proportionate" to the offence. |
| If the court had ruled the other way it could have outlawed all bans on prisoner voting, including the UK's. | If the court had ruled the other way it could have outlawed all bans on prisoner voting, including the UK's. |
| The ruling said the "ban to which Mr Delvigne is subject is proportionate in so far as it takes into account the nature and gravity of the criminal offence committed and the duration of the penalty". | The ruling said the "ban to which Mr Delvigne is subject is proportionate in so far as it takes into account the nature and gravity of the criminal offence committed and the duration of the penalty". |
| Delvigne made his claim to the court because he argued his rights were being infringed under the Charter of Fundamental Rights of the EU. | Delvigne made his claim to the court because he argued his rights were being infringed under the Charter of Fundamental Rights of the EU. |
| Analysis | Analysis |
| By BBC legal correspondent Clive Coleman | By BBC legal correspondent Clive Coleman |
| The ECJ ruled the EU Charter applies to the right of UK citizens, including prisoners, to vote in European Parliament elections. | |
| Any deprivation of that right by a state has to be proportionate and justified, and must take into account the nature and gravity of the criminal offence committed and the duration of the penalty. | Any deprivation of that right by a state has to be proportionate and justified, and must take into account the nature and gravity of the criminal offence committed and the duration of the penalty. |
| Unlike the French ban, triggered by sentences of five years in prison or more, the UK has a blanket ban, no matter what the offence or the sentence. | Unlike the French ban, triggered by sentences of five years in prison or more, the UK has a blanket ban, no matter what the offence or the sentence. |
| This means that it is open to prisoners in the UK who are EU citizens, especially those serving shorter sentences, for crimes less serious than Delvigne's, to challenge the ban on them voting in elections to the European Parliament. | This means that it is open to prisoners in the UK who are EU citizens, especially those serving shorter sentences, for crimes less serious than Delvigne's, to challenge the ban on them voting in elections to the European Parliament. |
| The controversy over prisoner votes is far from over. | The controversy over prisoner votes is far from over. |
| Speaking shortly before the court's ruling Mr Cameron - who previously said allowing prisoners to vote made him "physically sick" - told LBC Radio: "I haven't changed my view at all. | |
| "Our own law has been tested recently and our Supreme Court opined that our law was right and prisoners shouldn't have the vote, and that's my view." | |
| Meanwhile, Ukip's justice and home affairs spokeswoman Diane James said: "A blanket ban on votes for prisoners is the expressed will of the British Parliament. Why are we being subject to this European court at all?" | |
| 'In place' | |
| A government spokesman said: "The European Court [of Justice] has confirmed French restrictions on prisoner voting are lawful. | |
| "The UK's ban on prisoner voting stays in place and remains a matter for the UK Supreme Court and Parliament to determine." | |
| A decade ago the European Court of Human Rights (ECHR) declared the UK's ban on prisoner votes unlawful - a ruling which the UK has ignored ever since. | |
| And it ruled again in February that the rights of UK prisoners were breached when they were prevented from voting in elections. | And it ruled again in February that the rights of UK prisoners were breached when they were prevented from voting in elections. |
| That case was brought by inmates who were in prison during various elections between 2009 and 2011, and was the fourth time the ECHR has ruled against the UK's ban on prisoner voting. | That case was brought by inmates who were in prison during various elections between 2009 and 2011, and was the fourth time the ECHR has ruled against the UK's ban on prisoner voting. |