Offences of individuals granted voting rights under Representation of The People Act 1983 Remedial (Scotland) Order 2025: FOI release

Information requested

I would like to ask the following about the Representation of The People Act 1983 Remedial (Scotland) Order 2025. At the meeting of the SPPA committee on 5 March 2026, the Minister for Parliamentary Business claimed around 20 people would be given the right to vote by this order. Can you please provide the total list of offences these individuals were convicted of? In order to avoid identifying these individuals, please provide a total list of offences committed rather than broken down by offender.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the specific data that you requested. The information is therefore not held in terms of section 17(1) of FOISA.

The reason for this is that the figure of around 20 persons was an estimate (as acknowledged by the Minister at the Standards, Procedures and Public Appointments Committee meeting on 5 March 2026, where he said “We believe it to be in the region of 20 people.”).

The estimate was not based on a list of eligible persons or offences and it is worth noting that if such a list were to be compiled it would quickly become out of date as individual circumstances changed.

In accordance with the duty under section 15 of FOISA to provide advice and assistance I thought that the following information might be helpful. This includes the following explanation from the published Equality Impact Assessment (EQIA) for the Representation of the People Act 1983 Remedial (Scotland) Order 2025 (the “2025 Order”):

“Evidence on the impact of the changes made in this Order is limited due to the very small number of people who will be affected. The Government estimates that in total, up to 20 people will be enfranchised by this Order, and we do not currently have data on whether any of these people will be aged 16 or 17. If any children are affected by this change at this time, it is anticipated that they will be in single figures. The number of affected people changes over time, however it is expected that at any time it is unlikely to vary substantially from around 20 people in total. The number of children affected will almost certainly be less than 10 at any given time.”

Non-conviction data

It is also worth noting that the estimate was not restricted to persons who had been convicted of an offence, as not all people granted voting rights under the 2025 Order will necessarily have been convicted. Section 3A of the Representation of the People Act 1983 disenfranchises persons subject to specified orders and directions relating to criminal justice and mental health but they do not all require a conviction. As the Minister noted at the 5 March 2026 Standards Committee meeting in relation to Temporary Compulsion Orders:

“For these people, there has not yet been any finding of fact as to the alleged conduct in their case. They are therefore in a similar situation to remand prisoners, who are currently able to vote in all UK elections.”

In addition and as noted at paragraph 15 of the Policy Note to the 2025 Order, the Order will extend voting rights to some persons who may have been charged or convicted but not sentenced:

“Individuals subject to an interim compulsion order under section 53 of the 1995 Act, or a compulsion order under section 57(2)(a) or 57A(2) will also be able to vote, provided the offence for which they have been convicted or charged was not punishable by imprisonment exceeding 12 months. As they have not been sentenced, their deemed liability for the offence will determine how they are treated, e.g. a person convicted of an offence carrying a maximum sentence of 2 years would remain ineligible to vote while so detained.”

The 2025 Order is not expected to enfranchise those charged with or convicted of more serious offences, as these attract more significant sentences.

Methodology

The estimate provided to the Committee was calculated by officials, relying on data collated by the Mental Welfare Commission. For the latest figures, you might wish to refer to “Table A1.16. Number of Criminal Procedure Act orders by order type and year” at page 46 of the Commission’s “Mental Health Act Monitoring Report 2024-25”. This provides, for example, data for 6 Temporary Compulsion Orders in the 1 April 2024 to 31 March 2025 period. Individuals subject to a Temporary Compulsion Order may vote as a result of the 2025 Order. The precise number of individuals subject to Temporary Compulsion Orders at a particular point in time varies, of course, throughout the year. Similarly, the number of prisoners subject to a transfer for treatment direction, temporarily receiving care and treatment as patients in a mental health hospital, does not remain static throughout the year. The 2025 Order ensures that their eligibility to vote reflects prisoner voting policy.

However, it should also be noted that the measures listed in Table A1.16 include data for individuals not enfranchised by the 2025 Order (including prisoners subject to a transfer for treatment direction who were sentenced to over 12 months’ imprisonment) and it is considered that this would apply to most of the measures listed. In particular, the 2025 Order does not enfranchise persons subject to a Compulsion Order and Restriction Order. A key part of the test for making a Restriction Order is that it is necessary for the protection of the public from serious harm. These individuals remain ineligible to vote. The 2025 Order does, however, enfranchise detained persons if they have not been or could not have been sentenced for to a term exceeding 12 months’ imprisonment for their offending behaviour. This will apply to a limited number of the individuals represented in the linked table, and broadly mirrors the position in respect of prisoner voting. We also acknowledge that the Mental Welfare Commission Report has withheld certain data where numbers are fewer than or equal to 5, in order to maintain confidentiality.

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