William Smith (AP) v K D Scott Electoral Registration Officer [2007] CSIH 9

In February 2003, the appellant, William Smith, was convicted for being concerned in the supplying of controlled drugs and sentenced to 5 years imprisonment. No appeal was taken against either conviction or sentence and he completed his sentence. In February 2003 the appellant completed an Application to Register to Vote form and a Postal Vote Application form. On enquiry from that officer he explained that he was not being held on remand but was a convicted prisoner. Acting in terms of section 3(1) of the 1983 Act, refused to include the appellant's name in the Register of Electors. The appellant appealed against that decision as he considered that the decision breached his human rights. This appeal was refused. This decision was now being appealed by stated case. The court considered whether to make a declaration of incompatibility in terms of the Human Rights Act.