Articles in: Mental Health

Failed by police – the woman whose rape complaint was lost in pile of paperwork: two officers disciplined in landmark settlement: cctv footage destroyed by time blunder

In the first case of its kind in the UK, a woman suffering from bipolar disorder took legal action against Cambridgeshire police, alleging the force’s failure to record her rape as a crime breached her human rights. The woman discovered the mistakes made when she called the police two months after her assault, which took place in December 2005, by …

Art. 13 Effective Remedy, Art. 14 Prohibition of Discrimination, Art. 34 Victim Status, Criminal Law and Criminal Procedure, Mental Health, Police Law

Let’s not creep into another misuse of legal powers

by JOHN SCOTT
(an article printed in The Herald)
“US foreign policy is akin to government-sponsored terrorism these days . . . It was not a mistake that there was a huge security stand-down on September 11 last year . . . I am SOLO. I will continue to disrupt at the highest levels . . .”
These words, left on one of …

Criminal Law and Criminal Procedure, Extradition Law, Mental Health

Muldoon, Applicant

 
Mental health – article 5(1)(e)
The applicant sought an order under Section 57 of the Adults with Incapacity (Scotland) Act 2000 to be appointed as  guardian to his 77 year old mother, who suffered who suffered from severe vascular dementia and had been admitted to acute medical and rehabilitative care where her needs were assessed as being nursing home care. She …

Art. 05 Right to Liberty and Security, Art. 08 Right to Private and Family Life, Mental Health

Byrne v Mental Health Tribunal for Scotland

 
The Sheriff Principal upheld, on grounds of the standards of fairness contained in Articles 5 and 6 ECHR, a patient’s appeal against the respondent tribunal’s refusal to adjourn her application for the revocation of a compulsory treatment order. 

Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Mental Health

Chief Constable of Tayside v Basterfield

 
The sheriff pronounced a sexual offences prevention order under Section 105(1) of  the Sexual Offences Act 2003 against an individual who, in a period of months, had been convicted of two breach of the peace “stalking-type” offence against women    The individual had had been diagnosed as exhibiting a schizotypal personality disorder manifested by his failure to abide by normal …

Art. 05 Right to Liberty and Security, Criminal Law and Criminal Procedure, 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.