Wednesday, December 4, 2019
Business Law Criminal Justice under the Kingdom
Question: Describe about the Business Law for Criminal Justice under the Kingdom? Answer: A restriction is imposed on the voting rights of the prisoners in detention without giving due regard to the duration of their sentence or nature of the crime that they have committed. This is explained in Section 3 of the Representation of People Act, 1983[1]. The citizens are guaranteed free and democratic elections right that is secured in Article3 (Protocol No. 1) of the European Convention on Human Rights. The recent rulings by the European Court of Human Rights (ECHR) have forced an issue of disenfranchisement into the British political arena by recent rules and regulations. The recent law has provided a ban on prison voting as it is said that violates the Human Rights Convention. Detention followed by conviction forfeits the prisoner rights of convention simply because of the status of the detainee who is detained. Some cases are pending before the European Court of Human rights based on the right that is guaranteed under Article 3(Protocol No. 1) of the ECHR. The British Judges held that the right that was guaranteed by the ECHR was an infringement of Article 3 of the convention of human rights. Article 3 of the convention allows free expression of opinion of the people in regular elections[2]. For example, the elections that were held in the year 2015, indicated that the captives will not be granted the power to vote. Section 3 of the Representation of People Act prevented a prisoner, John Hirst, from voting. The section does not allow the prisoners to vote. He filed an appeal to the High Court, but the case was dismissed[3]. The human rights court in Europe first recorded the case in Hirst v. UK stating that this is a violation of the human right to vote. Hirst won the case with the majority vote, and the court found that restriction of voting rights of the prisoners was violating Protocol 1 Article 3 of the ECHR[4]. Reference List: Lazarus, Liora, and Ryan Goss. "Criminal Justice under the Kingdom Human Rights Act-Dynamic Interaction between Domestic and International Law."SAcLJ25 (2013): 755. McNulty, Des, Nick Watson, and Gregory Philo. "Human Rights and Prisoners' Rights: The British Press and the Shaping of Public Debate."The Howard Journal of Criminal Justice53.4 (2014): 360-376. White, Isobel. "Prisoners voting rights." (2013). [1] Lazarus, Liora, and Ryan Goss. "Criminal Justice under the Kingdom Human Rights Act-Dynamic Interaction between Domestic and International Law."SAcLJ25 (2013): 755. [2] White, Isobel. "Prisoners voting rights." (2013). [3] McNulty, Des, Nick Watson, and Gregory Philo. "Human Rights and Prisoners' Rights: The British Press and the Shaping of Public Debate."The Howard Journal of Criminal Justice53.4 (2014): 360-376. [4] White, Isobel. "Prisoners voting rights." (2013).
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