Article 3 Voting by persons detained in hospitals etc.

The Representation of the People Act 1983 has effect as if in section 3A (disfranchisement of offenders detained in mental hospitals)^f1 after subsection (3) there were inserted—

“(3A)

But a person is not legally incapable of voting at a local government election in Scotland by virtue of subsection (1) during the time that—

(a)

the person is detained if the detention is in pursuance of—

(i)

an order made under section 53 of the Criminal Procedure (Scotland) Act 1995 and the person is not liable to be sentenced, in respect of the offence for which the person has been convicted, to imprisonment for a term exceeding 12 months,

(ii)

an order made under section 54 of that Act,

(iii)

an order made under section 57(2)(a) of that Act and the person—

(A)

would not have been liable to be sentenced, if the person had been convicted of the offence in respect of which the person was charged, to imprisonment for a term exceeding 12 months, and

(B)

is not subject to a further order made under section 57(2)(b) of that Act,

(iv)

an order made under section 57A(2) of that Act and the person—

(A)

is not liable to be sentenced, in respect of the offence for which the person has been convicted, to imprisonment for a term exceeding 12 months, and

(B)

is not subject to a further order made under section 59 of that Act,

(v)

a direction made under section 59A of that Act and the sentence imposed on the person does not include a term of imprisonment exceeding 12 months,

(vi)

a direction made under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 and the person is not serving a sentence which includes a term of imprisonment exceeding 12 months,

(b)

the person’s personal welfare is placed under the guardianship of a local authority (or of such other person approved by a local authority) in pursuance of an order made under section 58 of the Criminal Procedure (Scotland) Act 1995.

(3B)

For the purposes of subsection (3A)(a)(i), (iii) and (iv), a person who has been—

(a)

convicted of more of more than one offence, or (as the case may be),

(b)

charged with more than one offence,

is to be treated as if they are or (as the case may be) would have been liable to be sentenced to imprisonment for a term equal to the aggregate length of the maximum terms of imprisonment for each of the offences and sentenced consecutively on each other.

(3C)

In calculating the term of imprisonment for the purpose of subsection (3A)(a)(v) and (vi), sentences that are consecutive or concurrent to any extent are to be treated as a single term if the sentences were imposed on that person—

(a)

on the same occasion, or

(b)

on different occasions but the person was not released (other than on temporary release) at any time during the period beginning with the first occasion and ending with the last.”.