ECJ ruling paves way for some UK prisoners to challenge voting ban

Some prisoners in the UK may be able to challenge a blanket ban on prisoner voting after the European Court of Justice (ECJ) ruled on the French case Thierry Delvigne v Commune de Lesparre-Médoc and Préfet de la Gironde.

Asked to make a judgment yesterday on whether murderer Thierry Delvigne should have been able to vote in last year’s European Parliament elections, the court said no, as the restriction was “proportionate” to the offence.

However, lawyers have suggested the ruling opens the door for those convicted of lesser offences to win the right to vote in the UK.

Sean Humber, solicitor at Leigh Day said: “This important judgment suggests that the UK’s blanket ban on prisoner voting, which makes no distinction between the seriousness of the crimes committed, is contrary to EU law and a breach of our domestic law, piling yet further pressure on the Government to take action to allow at least some prisoners the vote.”

He added: “As a result of this judgment, it is likely that prisoners convicted of less serious offences will now be able to take legal action against the Government for being denied the vote in the 2014 European elections.

“In addition, the Government will inevitably leave itself open to legal action from prisoners facing the prospect of being unable to vote in the European elections in 2019 if it does not take action now.”

Previous rulings by the European Court of Human Rights (ECtHR) on prisoner voting have not led to a change of policy in the UK, but the ruling of the EU’s highest court is being treated with greater significance.

In August, the UK government said it would wait for yesterday’s ruling before taking any further action on the 2005 ECtHR decision.

The UK is the only Western European country with a blanket ban on prisoner voting, though seven other countries in the Council of Europe have similar policies.