This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/scotland/6483677.stm
The article has changed 4 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Judge denies inmate's voting bid | Judge denies inmate's voting bid |
| (about 3 hours 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| Birrell was let out on licence in May last year but is now back in jail after the licence was revoked last month. | Birrell was let out on licence in May last year but is now back in jail after the licence was revoked last month.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. | 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. | 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 | 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. | 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." | 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. | 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. | 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 also lodged a claim for £1,000 damages if he was not allowed to vote. | |
| SNP justice spokesman Kenny MacAskill welcomed the judges decision. | |
| Spurious cases | |
| "Clearly common sense has prevailed as people who breach the law forfeit some rights and must face the consequences of their actions," he said. | |
| "Hard pressed courts and limited court time should be for serious offenders and important issues, not spurious cases such as this." | |
| 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. |