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R (Chester) v Secretary of State for Justice and Wakefield Metropolitan District Council

Author / Contributor: Kris Gledhill
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R (Chester) v Secretary of State for Justice and Wakefield Metropolitan District Council
   
Issue: Whether s8 European Parliamentary Elections Act 2002 and s3 Representation of the People Act 1983 could be read so as to require a judicial decision before any serving prisoners was disenfranchised, in order to comply with Art 3 of Protocol 1 to the ECHR; whether a declaration of incompatibility should be granted; whether any statutory amendment had to require a judicial decision before disenfranchisement.
   
Court: Court of Appeal
   
Reference:   C1/2010/0177
   
Neutral Citation:   [2010] EWCA Civ 1439
   
Judge(s): Lord Neuberger MR, Laws and Carnwath LJJ
   
Date: 17 December 2010