Anderson & Ors v Scottish Ministers

April 27, 2009 | No Comments

 

It was held by the Judicial Committee of the Privy Council, upholding the decision of the Court of Session that it was not incompatible with the right to liberty under Article 5 to compulsorily detain as a mental patient an individual on the primary basis of public protection, even if that individual’s psychopathic condition was not one amenable to medical treatment.   Accordingly the Mental Health (Public Safety and Appeals) Scotland Act 1999 was compatible with the Convention notwithstanding that it was retrospective legislation targeted at preventing the release from compulsory confinement in the State hospital system of a small number and specific group of individuals.

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Art. 05 Right to Liberty and Security, Mental Health

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.