Can People in Prison Vote in the UK? The Law Explained (2026)
Last reviewed: June 2026
Prisoner voting is one of those questions where the headline answer (“no”) hides a surprising amount of detail. Whether someone inside can vote depends on why they are detained, what stage their case is at, and — since devolution — which election is being held. Here’s the full picture as it stands in June 2026.
The legal ban: who it covers
Section 3 of the Representation of the People Act 1983 makes a convicted person “legally incapable of voting” while they are detained in a penal institution in pursuance of their sentence. Two points matter. First, the ban attaches to detention under sentence, not to having a conviction — once released, even on licence, a person can vote again. Second, it applies UK-wide to general elections, though Scotland has carved out an exception for its devolved elections.
Who can and cannot vote, at a glance
| Situation | UK general election | Scottish Parliament / council |
|---|---|---|
| On remand (unconvicted) | Yes | Yes |
| Convicted, awaiting sentence | Yes | Yes |
| Serving a sentence of 12 months or less | No | Yes (if ordinarily resident in Scotland) |
| Serving a sentence over 12 months | No | No |
| Fine defaulter or contempt of court | Yes | Yes |
| On Home Detention Curfew or temporary licence (ROTL) | Yes (from release address) | Yes |
| Released on licence | Yes | Yes |
Wales considered giving prisoners serving under four years the vote in Senedd elections, and the Welsh Government accepted the principle in 2019, but no law has been passed — convicted detained prisoners could not vote in the May 2026 Senedd election. Northern Ireland follows the UK-wide ban for all elections.
The human rights battle: Hirst v UK
In 2005 the European Court of Human Rights ruled in Hirst v United Kingdom (No 2) that the UK’s blanket, indiscriminate ban breached the right to free elections under the European Convention. Crucially, the Court did not say all prisoners must get the vote — only that an automatic ban on everyone, regardless of sentence length or offence, was disproportionate. There followed more than a decade of stand-off between Strasbourg and Westminster, with successive governments refusing to legislate.
The deadlock ended in November 2017, when Justice Secretary David Lidington announced modest administrative fixes: guidance was changed to make clear that prisoners released on temporary licence or Home Detention Curfew can vote from their release address, and offenders are now told on committal that they lose the vote while detained. The Council of Europe accepted this in December 2017 and closed the case in 2018 — without the 1983 Act ever being amended.
The issue returned to Strasbourg in September 2025, when the Court held in Hora v United Kingdom that there was no violation when a prisoner serving an indeterminate sentence for rape was unable to vote in the 2019 general election — the first ruling on a UK election held after the 2017 changes. Lawyers note the door remains ajar for challenges by short-sentence prisoners.
Scotland’s different approach
The Scottish Elections (Franchise and Representation) Act 2020 gave prisoners serving 12 months or less the right to vote in Scottish Parliament, council and national park elections from April 2020. A statutory review reported in 2023 that the Scottish Government does not plan to change the 12-month threshold. The rules also account for consecutive sentences — it is the total that counts.
How an eligible prisoner actually votes
No prison runs a polling station. An eligible prisoner registers with the local electoral registration office — usually by a declaration of local connection using the address where they would otherwise live — then votes by post or appoints a proxy. Deadlines are tight: registration closes about 12 working days before polling day, and postal vote applications 11 working days before. Research published by Cardiff University suggests that in practice very few eligible prisoners manage to vote — academics have called the right “illusory” because so few prisoners or electoral administrators know it exists.
- “No one in prison can vote.” False — remand prisoners, fine defaulters, civil prisoners and those convicted but unsentenced all keep the vote.
- “A conviction takes away your vote for good.” No — the ban only lasts while you are detained under sentence. On release (even on licence) you can register and vote.
- “The European Court ordered the UK to give all prisoners the vote.” It didn’t — it objected to the blanket nature of the ban, and in 2025 it upheld the UK’s refusal in an individual case.
- “Prisoners vote from the prison’s constituency.” Usually not — most register through a declaration of local connection to their home area.
- Missing the deadlines. Postal applications close 11 working days before the poll — eligible prisoners need to plan well ahead.
Frequently asked questions
Can remand prisoners vote?
Yes. People held awaiting trial are unconvicted and keep full voting rights; they can register from the prison if they’ve been there long enough, or via a declaration of local connection, and vote by post or proxy.
Can someone on Home Detention Curfew (tag) vote?
Yes. Since the 2017 guidance changes, people on HDC or released on temporary licence vote from their release address in the normal way.
Do prisoners in Scotland have more voting rights?
For devolved elections, yes — those serving 12 months or less can vote in Scottish Parliament and council elections. They still cannot vote in UK general elections.
Can Welsh prisoners vote in Senedd elections?
No. A change was recommended and accepted in principle in 2019, but it has never been legislated, including for the 2026 Senedd election.
Did the 2026 elections law change anything for prisoners?
The Representation of the People Bill before Parliament in 2026 lowers the voting age to 16 and reforms voter ID, but its published summaries make no change to the prisoner voting ban.
Why were prisoners banned from voting in the first place?
The ban descends from the Forfeiture Act 1870 and the Victorian notion of “civic death” — that felons forfeited civic rights. The 1983 Act consolidated the rule into modern law.
Related reading: How to contact someone in prison · HMP Wandsworth’s overcrowding crisis. Official sources: House of Commons Library briefing, Prison Reform Trust, Electoral Commission.
