Representation of the People Act 1983 Remedial (Scotland) Order 2025: equality impact assessment

Recommendations and Conclusion

The approach in the Order, extending voting rights in a way similar to the provision of those rights to eligible prisoners is based on the length of any potential sentence (12 months or less) or persons in a position similar to that of remand prisoners. This strikes an appropriate balance between promotion of the rule of law and responsible citizenship, as well as the wider objectives of the rehabilitation and reintegration of prisoners in order to reduce reoffending. This approach would ensure that there is no longer a blanket restriction on voting in devolved elections for all detained forensic mental health patients in Scotland, irrespective of the length of any possible sentence or the nature and gravity of any criminal conduct.

Enfranchised persons will not normally be registered as residing at their place of detention. In most instances, they will be registered by reference to their previous home address or, failing that, a declaration of local connection, which is a legal mechanism used to allow an individual with untypical residence to be allocated to an electoral community. All registration decisions will be made by the Electoral Registration Officer on the basis of information exchanged with healthcare providers, the voter and any other relevant sources. Only where the previous address cannot be used and no local connection can be established will a person be registered to the ward in which the person is detained. The Electoral Register entry will not identify any person as being resident at the place of detention. Enfranchised persons will only be able to vote by proxy or by postal vote. Polling stations will not be set up in places of detention.

The changes to the franchise are not considered to have a negative impact on any of the protected equality groups.