franchise
Scottish Elections (Franchise and Representations) Bill Passed
On 20 February 2020, after years of campaigning, legislation was finally passed to lift the blanket ban on convicted prisoners voting.
It's been fifteen years since the European Court of Human Rights (ECtHR) ruled that the UK blanket ban on prisoner voting was in breach of Article 3 of Protocol 1 (A3P1) of the European Convention on Human Rights (ECHR) (Hirst v. the United Kingdom (No.2)).
We gave evidence to the Referendum (Scotland) Bill Committee on the Scottish Independence Referendum (Franchise) Bill. We gave evidence to the Equalities and Human Rights Committee. We responded to the Scottish Government's consultation on prisoner voting. We gave written and oral evidence to the Standards, Procedures and Public Appointment Committee.
We argued that a custodial sentence alone was too low a threshold for the loss of such an important right. That removing the right to vote from those serving shorter sentences had particularly arbitrary effects. That it worked against rehabilitation. That this was an opportunity to put down a marker about the value placed on democratic rights and social justice in Scotland. That we should follow the example set by other Council of Europe states. That it was about human rights and citizenship. That it was about much more than the minimum level of compliance with our legal obligations.
And on Thursday 20 February 2020, with 92 votes 'for' and 27 votes 'against', the Scottish Elections (Franchise and Representations) Bill was passed, enfranchising those sentenced to 12 months or less in custody, and ensuring that a review of the appropriateness of the 12 months cut-off point was delivered by 4 May 2023.
We're delighted that the blanket ban has been removed, and wish to thank all our members and supporters past and present for their efforts in helping us and others to achieve this.
Of course, there's more to be done ... only extending the franchise to those sentenced to 12 months or less could still be successfully challenged through the European Court of Human Rights. We need to legislate to extend voting rights much further, so that all those people who have spent time in prison return to a community of which they feel a part and believe that they have a stake in its future. We'll also need to ensure that those who wish to vote have the information and support required to do so.
But today, let's take a (brief) moment to remember how far we've come.
Franchise Extended to Prisoners to Vote in the Shetland By-Election
We welcome the Scottish Government's announcement (01 August 2019) that it will take steps to align the franchise for the Shetland by-election with the European Convention on Human Rights (ECHR). A Remedial Order has been used to extend the franchise to those sentenced to prison terms of 12 months or less, following the 2005 European Court of Human Rights ruling which found that the UK Government's blanket ban on prison voting to be a breach of human rights. Whilst accepting its legal obligation under the Scotland Act to comply with the ECHR, we are disappointed that the Scottish Government has chosen the route of minimum level of compliance, eschewing the opportunity to signal the inclusive and democratic character of Scottish society.
https://www.gov.scot/news/franchise-for-shetland-by-election-to-be-aligned-with-court-ruling/
Sections
Archive
2024
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HMIPS Full Inspection of HMP & YOI Polmont
24th April 2024
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Audit Scotland: 2022/23 Audit of the Scottish Prison Service
24th April 2024
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SPS Policy for the Management of Transgender People in Custody
24th April 2024
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Scottish Prison Population Statistics 2022-23
24th April 2024
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Scottish Crime and Justice Survey 2021/22
24th April 2024
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Criminal Justice Committee: Pre-budget Scrutiny Report 2024/5
24th April 2024
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Coronavirus (Recovery and Reform) (Scotland) Act 2022
24th April 2024
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Prison Population Projections
24th April 2024
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HMIPS Full Inspection of HMP Perth
24th April 2024
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Cabinet Secretary for Justice Statement to the Scottish Parliament
24th April 2024
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HMIPS Annual Report 2022-23
24th April 2024
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SPS Corporate Plan 2023 - 2028
24th April 2024
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Justice Analytical Services (JAS) Safer Communities and Justice Statistics Monthly Data Report
24th April 2024
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Deaths in Prison Custody in Scotland 2012-2022
24th April 2024
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Scottish Sentencing Council: Statutory Offences of Causing Death By Driving Guideline
24th April 2024
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The Case for Gendered and Intersectional Approaches to Justice
24th April 2024
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Associations Between Significant Head Injury in Male Juveniles in Prison in Scotland UK and Cognitive Function, Disability and Crime
24th April 2024
2023
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HMIPS Thematic Review of Segregation in Scottish Prisons
18th September 2023
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HMP Greenock Full Inspection Report
18th September 2023
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Bail and Release from Custody (Scotland) Bill
18th September 2023
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Recorded Crime in Scotland 2022-2023
18th September 2023
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Prison Mobile Phone Phase Out
18th September 2023
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Children (Care and Justice) (Scotland) Bill
18th September 2023
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Scottish Courts and Tribunals Service Corporate Plan (2023-26) & Business Plan (2023-24)
18th September 2023
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Prisoner Voting
18th September 2023
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HMP Addiewell Full Inspection
18th September 2023
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Journey Times in Scotland's Criminal Justice System Report
18th September 2023
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Joint Review of Diversion From Prosecution
18th September 2023
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'Still Nothing to See Here' Follow Up Report
18th September 2023
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Scottish Parliament Pre-Budget Scrutiny
18th September 2023
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HMIPS Annual Report 2021-2022
18th September 2023
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HMIPS Strategic Plan 2022-2025
18th September 2023
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HMP Shotts: Full Prison Inspection
18th September 2023
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Court Backlog Modelling
18th September 2023
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Scottish Prison Population Health Needs Report
18th September 2023
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The New Women's Prison Estate in Scotland
18th September 2023
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Recorded Crime in Scotland 2021-2022
18th September 2023
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Scottish Sentencing Council Reports
18th September 2023
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Mental Health Support in Scotland's Prisons 2021: Under-Served and Under-Resourced
18th September 2023
2022
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Judged on Progress: the Need for Urgent Delivery on Scottish Justice Sector Reforms
21st April 2022
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Age of Criminal Responsibility (Scotland) Act 2019 Implemented
21st April 2022
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Independent Review of the Response to Deaths in Prison Custody
21st April 2022
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Scottish Sentencing Council: Guideline on the Sentencing of Young People
21st April 2022
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HMIPS Annual Report 2020-2021
21st April 2022
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HMIPS Health and Well-Being Pre-Inspection Survey
21st April 2022
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Scottish Sentencing Council Report: Judicial Perspectives on Community-Based Disposals
21st April 2022
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Reconviction Statistics: 2019-19 Offender Cohort
21st April 2022
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Recorded Crime in Scotland 2020-2021
21st April 2022
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HMIPS Liaison Visit to HMP Greenock
21st April 2022
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HMIPS Liaison Visit to HMP Castle Huntly
21st April 2022
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Audit Scotland: Community Justice Sustainable Alternatives to Custody
21st April 2022
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Mental Welfare Commission Report: Women and Mental Ill-Health
21st April 2022
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Membership of the new Scottish Parliament Criminal Justice Committee Announced
21st April 2022
2021
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The Scandal of Remand in Scotland: A Report by Howard League Scotland – May 2021
21st May 2021
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An Urgent Plea from Howard League Scotland Committee
21st April 2021
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Expert Review of Mental Health Support For Young People Entering And In Custody At HMP&YOI Polmont - Final Progress Update
15th April 2021
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Extended Presumption Against Short Sentences Monitoring Information: January – December 2020
15th April 2021
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Scottish Crime & Justice Survey 2019-20
15th April 2021
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Criminal Justice Social Work Statistics: 2019 -20
15th April 2021
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HMIPS Liaison Visit to HMP/YOI Grampian
15th April 2021
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Review of Forensic Mental Health Services in Scotland Final Report
15th April 2021
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The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Rules
15th April 2021
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Covid19 Court Restrictions Extended
15th April 2021
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The Community Orders (Coronavirus)(Scotland) Regulations 2021
15th April 2021
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The Restorative Justice (Prescribed Persons) (Scotland) Order 2021
15th April 2021
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Allan Marshall FAI Recommendations
15th April 2021
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The Parole Board (Scotland) Amendment Rules 2021
15th April 2021
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Effects of New Covid19 Variant
15th April 2021
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Scottish Courts and Tribunals Service (SCTS) Criminal Case Throughput Data
15th April 2021
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Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Report
15th April 2021
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Reconviction Rates in Scotland: 2017-18 Offender Cohort
15th April 2021
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Justice Committee Evidence Session - Covid19 Effects on Criminal Justice System
15th April 2021
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HMIPS Liaison Visit to HMP Kilmarnock
15th April 2021
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Management of Offenders (Scotland) Act - Electronic Monitoring
15th April 2021
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Outstanding Unpaid Work (Community Payback Orders)
14th April 2021
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HMP Dumfries Full Inspection
14th April 2021
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New European Prison Rules
14th April 2021
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Scottish Prison Population Statistics 2019 - 2020
14th April 2021
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HMIPS First Liaison Visit to HMP Addiewell
14th April 2021
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HMIPS First Liaison Visit to HMP Edinburgh
14th April 2021
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Disclosure (Scotland) Act
14th April 2021
2020
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HMIPS: Remote Monitoring and Liaison Visits
16th November 2020
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Virtual Visits and Mobile Phones in Scottish Prisons
16th November 2020
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SPS Covid19 Route Map
16th November 2020
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Scottish Crime and Justice Survey 2018-19
16th November 2020
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HMIPS Inspection of HMP Edinburgh
16th November 2020
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Jackie Tombs – A Note of Appreciation
20th August 2020
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Three Keys to Unlocking the Problem of Prisons in a Pandemic
25th June 2020
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‘Prisoner householding’: the latest threat from Covid-19
29th April 2020
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COVID-19 in Scottish Prisons: Update #1
30th March 2020
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COVID-19 in Scottish Prisons
30th March 2020
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Scottish Elections (Franchise and Representations) Bill Passed
30th March 2020
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Disclosure (Scotland) Bill Report
23rd March 2020
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Age of Criminal Responsibility (Scotland) Act
23rd March 2020
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Scottish Elections (Franchise and Representations) Bill Report
23rd March 2020
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Independent Review of the Handling of Deaths in Custody
23rd March 2020
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Evidence to Education and Skills Committee: Disclosure (Scotland) Bill
23rd March 2020
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HMP Glenochil Full Inspection
23rd March 2020
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Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
23rd March 2020
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Pre-Budget Scrutiny
11th February 2020
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Throughcare Service Provision Announcement
11th February 2020
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Recorded Crime in Scotland: 2018-2019
11th February 2020
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Evidence to Standards, Procedures and Public Appointments Committee: Prisoner Voting
11th February 2020
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Audit Scotland audit of SPS
11th February 2020
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Scottish Government - Programme for Government 2019/20
11th February 2020
2019
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HMIPS Annual Report 2018-19
5th November 2019
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Fatal Accident Inquiry - Allan Marshall (HMP Edinburgh)
5th November 2019
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Franchise Extended to Prisoners to Vote in the Shetland By-Election
5th November 2019
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Suspension of SPS Throughcare Support Service
25th July 2019
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Management of Offenders (Scotland) Bill
1st July 2019
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Presumption Against Short Sentences (PASS)
28th June 2019
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UN Committee Against Torture - Key Concerns
11th March 2019
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New Strapline Brief
28th January 2019