A challenge under Article 8 of the ECHR was made to the telephone systems in Scottish prisons. This system provides “that any call made from a prisoner telephone be preceded by a recorded message which advises the recipient that the call is coming from a Scottish prison”
Lord Matthews in the Outer House held that the system was proportionate.
Articles in: Prisons Law
Potter v Scottish Ministers [2010] CSOH 85
July 19, 2010 | No CommentsNational Offender Management Service Found in Breach of Race and Disability Laws
March 7, 2010 | No CommentsFollowing judicial review proceedings in the High Court of England and Wales by the Equality and Human Rights Commission against the National Offender Management Service, it was held that NOMS, in its treatment of some foreign prisoners, had failed to comply with laws on disability and race.
All public authorities are bound by law to conduct equality impact assessments and examine …
Prisoners May Sue if Denied Election Vote
February 22, 2010 | No CommentsJamie Doward
Observer, February 7, 2010, 23
A coalition of judicial experts, lawyers and politicians has warned the Government that its continued ban on prisoners voting could lead to a series of legal challenges after the 2010 general election. In 2009 the Government acknowledged that some prisoners must be allowed to vote in line with a 2001 European Court of Human …
R (on the Application of Michael Degainis) v Secretary of State for Justice (2010)
February 22, 2010 | No Comments[2010] EWHC 137 (Admin)
The secretary of state’s apology and admission that he had breached the European Convention on Human Rights 1950 art.5(4) by having failed promptly to secure a review of a prisoner’s release, was a sufficient remedy to the prisoner where the breach had not extended the period he would have to spend in custody, and had not caused …
Prisoners’ Rights and the Electoral Process
December 16, 2009 | No CommentsThe Council of Europe has stated that the next UK general election could give rise to human rights challenges, as convicted prisoners …
Prisons Law, Protocol 1, Art. 3 Right to Free and Fair Elections
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