Scottish Human Rights Law Group

This case concerned the lawfulness of the terms of a probation orders which had been pronounced by a sheriff against the accused in accepting her guilty plea to having supplied diamorphine to her boyfriend while she was visiting him in prison. The Sheriff sentenced her to two years’ probation subject to a condition that she did not visit her boyfriend while he was in prison.   It was argued on behalf of the accused that this condition was disproportionate and interfered with her right to respect for private and family life under Article 8(1) since preventing such visits would inhibit the maintenance and development of her relationship with her boyfriend which she intended to continue after his release, and with the development of a family relationship between herself, and their child.

In refusing the appeal against sentence, the High Court of Justiciary held that the condition was reasonable and in the accused’s best interests having regard to her immaturity, her susceptibility to pressure from her boyfriend and her own struggle against drug addiction.   In the circumstances, given that probation was an appropriate disposal, the condition that she not visit her boyfriend in prison was said to be conducive to her welfare and increased the likelihood of the order succeeding.

Full report available here.