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| Scottish independence: Killers seek referendum vote | |
| (about 7 hours later) | |
| The UK Supreme Court is to be asked to overturn the ban on convicted prisoners being able to vote in the Scottish independence referendum. | The UK Supreme Court is to be asked to overturn the ban on convicted prisoners being able to vote in the Scottish independence referendum. |
| Two killers, serving life sentences, have already had their case rejected by judges at the Court of Session in Edinburgh. | Two killers, serving life sentences, have already had their case rejected by judges at the Court of Session in Edinburgh. |
| They claimed the voting ban infringes their human rights. | They claimed the voting ban infringes their human rights. |
| Although Supreme Court rulings normally take several weeks, it is understood judges will rule quickly in this case. | Although Supreme Court rulings normally take several weeks, it is understood judges will rule quickly in this case. |
| Lawyers acting for Leslie Moohan, 31, and 46-year-old Andrew Gillon will argue the Scottish judges including the Lord President, Lord Gill, were wrong when they ruled the ban on convicted prisoners voting did not infringe European Human Rights laws. | Lawyers acting for Leslie Moohan, 31, and 46-year-old Andrew Gillon will argue the Scottish judges including the Lord President, Lord Gill, were wrong when they ruled the ban on convicted prisoners voting did not infringe European Human Rights laws. |
| The judges said although the European Court has made rulings on prisoners voting in national and local elections, it had made no decision concerning referenda. | The judges said although the European Court has made rulings on prisoners voting in national and local elections, it had made no decision concerning referenda. |
| The right to vote in the referendum on September 18 is detailed in the Scottish Independence Referendum (Franchise) Act passed by Holyrood in 2013. | The right to vote in the referendum on September 18 is detailed in the Scottish Independence Referendum (Franchise) Act passed by Holyrood in 2013. |
| It says: "A convicted person is legally incapable of voting in an independence referendum for the period during which the person is detained in a penal institution in pursuance of the sentence imposed on the person." | It says: "A convicted person is legally incapable of voting in an independence referendum for the period during which the person is detained in a penal institution in pursuance of the sentence imposed on the person." |
| 'No such right' | 'No such right' |
| Issuing the Court of Session judgement, Lady Paton said: "We take the view that there is no clearly identifiable common law fundamental right to vote in the UK and certainly not a clearly identifiable common law fundamental right to vote in a referendum. | Issuing the Court of Session judgement, Lady Paton said: "We take the view that there is no clearly identifiable common law fundamental right to vote in the UK and certainly not a clearly identifiable common law fundamental right to vote in a referendum. |
| "Thus, in our opinion, no such right is contravened by the Scottish Independence Referendum (Franchise) Act 2013." | "Thus, in our opinion, no such right is contravened by the Scottish Independence Referendum (Franchise) Act 2013." |
| If the Supreme Court decides prisoners are to be allowed to take part in the referendum, they would have to apply for a postal vote by September 3, or nominate a proxy. | If the Supreme Court decides prisoners are to be allowed to take part in the referendum, they would have to apply for a postal vote by September 3, or nominate a proxy. |
| A spokesman for the Scottish Prison Service (SPS) said no arrangements had been made to help convicted prisoners vote. | A spokesman for the Scottish Prison Service (SPS) said no arrangements had been made to help convicted prisoners vote. |
| But he said: "Prisoners on remand, awaiting trial are allowed to vote in any case. | But he said: "Prisoners on remand, awaiting trial are allowed to vote in any case. |
| "But many will not, because of course they would not have expected to be in prison on the day of the referendum, and therefore won't have registered for a postal vote before they were arrested." | "But many will not, because of course they would not have expected to be in prison on the day of the referendum, and therefore won't have registered for a postal vote before they were arrested." |
| He said the SPS had provided special courses and material for young offenders aged between 16-18 who would be eligible to vote for the first time if they are released in time for the referendum. | He said the SPS had provided special courses and material for young offenders aged between 16-18 who would be eligible to vote for the first time if they are released in time for the referendum. |
| The two men behind the appeal are both serving life sentences for brutal murders. | The two men behind the appeal are both serving life sentences for brutal murders. |
| Gillon was jailed in 1998 for the murder of his friend, Gary Johnstone, 25, who suffered repeated blows to the head with a spade in Bathgate, in West Lothian. | Gillon was jailed in 1998 for the murder of his friend, Gary Johnstone, 25, who suffered repeated blows to the head with a spade in Bathgate, in West Lothian. |
| Moohan was ordered to serve a minimum of 15 years after murdering father-of-two David Redpath, from Peterhead, at a hostel in Edinburgh in 2008. | Moohan was ordered to serve a minimum of 15 years after murdering father-of-two David Redpath, from Peterhead, at a hostel in Edinburgh in 2008. |