Scotland sets postal-only voting for detained patients
Scotland is changing who can vote in devolved elections. From Wednesday 19 November 2025, some people detained in hospital under criminal justice mental health orders will be able to vote in Scottish Parliament and local council elections. Ministers signed the Representation of the People Act 1983 Remedial (Scotland) Order 2025 at 8.41 a.m. on 18 November and laid it before MSPs at 2.00 p.m. the same day, using urgent powers under the Convention Rights (Compliance) (Scotland) Act 2001. The Order must be approved by the Scottish Parliament within 120 days.
This is a rights fix. Section 3A of the Representation of the People Act 1983 created a blanket ban on voting for offenders detained in hospital. Ministers now say that blanket rule is or may be incompatible with the European Convention on Human Rights. The remedial Order temporarily updates the law so that Scotland complies with the Convention while longer-term legislation is prepared. It also lines up hospital detention rules with the 2020 reforms that allowed some short‑sentence prisoners to vote by post or proxy in devolved elections.
Who can vote under the change? If you are detained in hospital under specified criminal justice mental health provisions-such as hospital orders or directions under the Criminal Procedure (Scotland) Act 1995 or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003-you may be eligible. In most cases, eligibility depends on the sentence you received or could have received: if it does not exceed 12 months, voting is allowed while you are detained. People whose personal welfare is under local authority guardianship under the 1995 Act are also included. If your sentence (or combined sentences) runs over 12 months, you will not be able to vote while detained.
Which elections are covered? The Order directly changes the franchise for local government elections in Scotland. Because Scottish Parliament elections use the local government franchise, the same change applies to Holyrood. It does not alter the rules for UK general elections, which are reserved to Westminster.
How will you vote? Voting is postal or proxy only. You will not be able to vote in person at a polling station. If you are in this group, you also cannot act as a proxy for someone else. Electoral administrators are permitted to send your poll card to the place where you are detained so you receive your voting information in time.
Where are you registered? The Order explains that your ordinary residence is not treated as broken by your detention if you intend to go back there or if it remains your permanent home. That means you can stay registered at your home address. If that is not suitable, you can register by making a declaration of local connection, for example using the address of the hospital or another appropriate place agreed with the registration officer.
Key dates matter. The Order comes into force on 19 November 2025. It does not affect any local council by‑election held before 7 May 2026. The temporary rules expire on 28 February 2030. If you are added to the register because of this change, you stay on it until the expiry date unless you qualify to remain registered on another basis.
What to do if you think you qualify. Speak to your healthcare team or contact your local Electoral Registration Officer. Ask to check your eligibility under the new rules, decide whether to remain registered at home or by local connection, and complete a postal or proxy application. Deadlines vary by election, so start early-postal and proxy applications have set cut‑offs before polling day.
A quick classroom summary for discussion: Scotland is widening the vote, in a limited way, to people detained in hospital because of criminal proceedings, where the offence carries (or would have carried) a maximum of 12 months in most cases. It is a rights‑compliance step, time‑limited to 28 February 2030, and it keeps the postal‑or‑proxy‑only rule for this group.
Why this matters for civic learning. We often teach that the vote links people to the decisions that shape their care, housing and local services. This Order recognises that principle for some detained patients while keeping clear limits. It is a live example of how human rights, court judgments and electoral law interact-and how changes are made quickly, with MSPs required to confirm them within 120 days. For transparency, all timings and rules in this explainer come from the Order as published on legislation.gov.uk and the statutes it modifies. The practical takeaway: check eligibility, register at the right address, and use a postal or proxy vote.