The European Parliamentary Elections Regulations 2004

Legal incapacity E+W+S

Legal incapacity to vote of offenders in prison etc E+W+S

3.—(1) A convicted person during the time that he is detained in a penal institution in Gibraltar in pursuance of his sentence or unlawfully at large when he would otherwise be so detained is legally incapable of voting at any European Parliamentary election.

(2) For this purpose—

(a) “convicted person” means any person found guilty of an offence (whether under the law of Gibraltar or not), including a person found guilty by a court-martial, but not including a person dealt with by committal or other summary process for contempt of court; and

(b) 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 paragraph whether a conviction or sentence was before or after the coming into force of these Regulations.

Legal incapacity to vote of offenders detained in mental hospitals E+W+S

4.—(1) A person to whom this paragraph applies is, during the time that he is—

(a) detained at any place in pursuance of the order by virtue of which this paragraph applies to him, or

(b) unlawfully at large when he would otherwise be so detained,

legally incapable of voting at any European Parliamentary election.

(2) This paragraph applies to the following persons—

(a) any person in respect of whom an order has been made under [F1 sections 662(2)(a) or (b) of the Criminal Procedure and Evidence Act 2011];

(b) a convicted person, within the meaning of paragraph 3, in respect of whom an order has been made under [F2 section 668 or 669 of the Criminal Procedure and Evidence Act 2011]; and

(c) any person in respect of whom [F3 a hospital order has been made under] [F4 section 169(2)(a) of the Armed Forces Act 2006].

(3) Any reference in any of sub-paragraphs (2)(a) to (c) to a provision of any F5 ... Act includes a reference to any earlier provision (whether of that F5 ... Act as originally enacted or made or as previously amended, or otherwise) to the like effect.

Textual Amendments

F1 Words in Sch. 4 para. 4(2)(a) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 65(1)

F2 Words in Sch. 4 para. 4(2)(b) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 65(2)

F3 Words in Sch. 4 para. 4(2)(c) substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 42(5)

F4 Words in Sch. 4 para. 4(2)(c) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 26 (with Sch. 2 para. 17)

F5 Words in Sch. 4 para. 4(3) omitted (30.1.2009) by virtue of The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 42(6)