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Representation of the People Act 2000

Commentary on Sections

Section 5: Residence: Persons Remanded in Custody etc.

10.Section 5 is designed to make it easier for those who are being held on remand to register. Remand prisoners (though not convicted prisoners) currently have the right to vote but if they happen to be in prison at the time of the annual registration qualification date they cannot register and are therefore effectively disfranchised.

11.This section inserts a new section 7A into the Representation of the People Act 1983 which provides that a person who is on remand can register in respect of the establishment where he is held if the period he is likely to spend there is sufficient for him to be regarded as resident (see section 3 above). Such registrations will last for a maximum of 12 months. The new section 7A also applies to certain categories of people committed to mental hospitals.

12.A person to whom new section 7A applies may alternatively register at some other address (which is likely to be the address where he would be living but for the fact of being on remand) or by means of a declaration of local connection (see section 6 below).

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