Burglar to sue Government over block on election voting rights

A convicted burglar is taking legal action against the Government for blocking his vote in the General Election, a law firm said yesterday.

Leon Punchard, 19, who is currently serving an 18-month jail term at HMP Norwich, has filed an application to the European Court of Human Rights (ECHR).

Law firm Leigh Day & Co said Punchard was seeking a "declaration and compensation from the UK Government for its failure to take the necessary steps to allow him to vote".

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Five years ago the ECHR ruled it was illegal for Ministers to deny voting rights to all prisoners.

Since then the Government has held two public consultations on the issue but has not changed the law.

A spokesman for the law firm said a letter was sent to Justice Secretary Jack Straw earlier this year "requesting immediate steps" be taken to allow Punchard to vote.

"No such steps have been taken and, with the date for registering to vote having now come and gone, Mr Punchard is barred from voting," the spokesman said.

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"With no other remedies available to him under the domestic legal system, Mr Punchard has no alternative but return to the ECHR seeking a declaration and compensation from the UK Government for their breach of one of his most fundamental convention rights."

Punchard, who was sentenced in December, is due to be released in July, two months after the election.

A spokesman for Norwich Crown Court said Punchard, from Norwich, was handed an 18-month jail term on December 1 after being sentenced for burglary, a further 68 offences being taken into account.

A Norfolk Police spokeswoman said he was arrested following a dwelling burglary in Norwich on October 3. A TV was stolen from the property.

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A Ministry of Justice spokesman said: "The Human Rights Act does not limit Parliament's freedom to pass legislation. If primary legislation is incompatible with the ECHR, the domestic courts may make a declaration of incompatibility but the provisions remain in force.

"It is for Parliament to decide how to respond to that declaration, taking into account the UK's international obligations."