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| Judge denies inmate's voting bid | |
| (30 minutes later) | |
| A judge has refused to free a prisoner who wanted to register to vote in the Scottish Parliament elections. | A judge has refused to free a prisoner who wanted to register to vote in the Scottish Parliament elections. |
| However Donald Birrell - who complained that his human rights had been breached - may still be able to win damages. | However Donald Birrell - who complained that his human rights had been breached - may still be able to win damages. |
| Birrell was let out on licence in May last year but is now back in jail after the licence was revoked last month. | |
| Judge Lord Clarke gave his verdict at the Court of Session in Edinburgh on Friday and said the case had raised interesting and novel questions of law. | Judge Lord Clarke gave his verdict at the Court of Session in Edinburgh on Friday and said the case had raised interesting and novel questions of law. |
| Birrell sought a judical review when his attempt to register to vote was refused because he had been imprisoned again. | Birrell sought a judical review when his attempt to register to vote was refused because he had been imprisoned again. |
| He was one of three Scottish prisoners bringing legal action ahead of May's parliamentary and local government elections. | He was one of three Scottish prisoners bringing legal action ahead of May's parliamentary and local government elections. |
| Under current laws - the 1983 Representation of the People Act - a ban on voting is imposed on all prisoners being held under a sentence. | |
| Remand prisoners and those freed on licence are allowed to cast their vote. | |
| I am entitled to balance the safety and protection of the public against the right of Birrell to take part in the election Lord Clarke | |
| The judge said he had "no hesitation" in deciding that Birrell, formerly of Glasgow, should remain in prison. | |
| Rejecting Birrell's bid for freedom, Lord Clarke said: "I am entitled to balance the safety and protection of the public against the right of Birrell to take part in the election." | |
| Scottish ministers, legally responsible for the decision to send Birrell back to prison, contested his action. | |
| Their senior counsel, Paul Cullen QC, said Birrell's rights under the European Convention on Human Rights had not been breached. | |
| Birrell's problem was the result of his own behaviour, said Mr Cullen. Birrell had alss lodged a claim for £1,000 damages if he was not allowed to vote. | |
| Blanket ban | |
| Separate cases are being brought by the other two inmates, Derek Traynor and James Fisher. | Separate cases are being brought by the other two inmates, Derek Traynor and James Fisher. |
| They hope to halt the elections altogether if they are successful. | They hope to halt the elections altogether if they are successful. |
| The pair are seeking a court order to ban ministers from "carrying out any act to facilitate or promote the holding of the general election for membership of the Scottish Parliament". | The pair are seeking a court order to ban ministers from "carrying out any act to facilitate or promote the holding of the general election for membership of the Scottish Parliament". |
| The moves follow a ruling in January by Court of Session judges that a blanket ban on prisoners voting was not compliant with the European Convention on Human Rights. | The moves follow a ruling in January by Court of Session judges that a blanket ban on prisoners voting was not compliant with the European Convention on Human Rights. |