Articles in: Prisons Law

Potter v Scottish Ministers [2010] CSOH 85

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.

Art. 08 Right to Private and Family Life, Prisons Law

National Offender Management Service Found in Breach of Race and Disability Laws

Following 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 …

Civil Procedure, Discrimination Law, Prisons Law

Prisoners May Sue if Denied Election Vote

Jamie 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 …

Art. 07 No Punishment without Law, Criminal Law and Criminal Procedure, Prisons Law, Protocol 1, Art. 3 Right to Free and Fair Elections

R (on the Application of Michael Degainis) v Secretary of State for Justice (2010)

[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 …

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

Prisoners’ Rights and the Electoral Process

The 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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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.