Modifications etc. (not altering text)
C1Pt. I (ss. 1–66) modified by Representation of the People Act 1985 (c. 50, SIF 42), s. 2(6)
(1)A convicted person during the time that he is detained in a penal institution in pursuance of his sentence [F1or unlawfully at large when he would otherwise be so detained] is legally incapable of voting at any parliamentary or local government election.
(2)For this purpose—
(a)“convicted person” means any person found guilty of an offence (whether under the law of the United Kingdom or not), including a person found guilty by a courtmartial under the M1Army Act 1955, the M2Air Force Act 1955 or the M3Naval Discipline Act 1957 or on a summary trial under section 49 of the Naval Discipline Act 1957, or by a Standing Civilian Court established under the M4Armed Forces Act 1976, but not including a person dealt with by committal or other summary process for contempt of court; and
(b)“penal institution” means an institution to which the M5Prison Act 1952, the M6Prisons (Scotland) Act 1952 or the M7Prison Act (Northern Ireland) 1953 applies; and
(c)a person detained for default in complying with his sentence shall not be treated as detained in pursuance of the sentence, whether or not the sentence provided for detention in the event of default, but a person detained by virtue of a conditional pardon in respect of an offence shall be treated as detained in pursuance of his sentence for the offence.
(3)It is immaterial for the purposes of this section whether a conviction or sentence was before or after the passing of this Act.
Textual Amendments
F1Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 24, Sch. 4 para. 1
Modifications etc. (not altering text)
C2S. 3(1)(2) extended (N.I.) (with modifications) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 2, 13(6), Sch. 1 Pt. I
Marginal Citations