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Prisoners serving life sentences do not have a right to vote in Scottish Referendum

Moohan & Anor v The Lord Advocate (Scotland) [2014] UKSC 67

Related Member(s):
Aidan O’Neill QC (Scot)
Related Practice Area(s):
Public Law, Prison Law

Two prisoners serving life sentences brought judicial review proceedings against the Scottish Independence Referendum (Franchise) Act 2013, which denied prisoners the right to vote in the Referendum. The Court dismissed the appeal (5-2). Inter alia, the words of A3P1 on their ordinary meaning refer to an obligation to hold periodic elections to a democratically elected legislature, suggesting that the drafters did not have referendums in mind.

Aidan O’Neill QC was involved in this case.