Scottish Human Rights Law Group

An Iranian asylum seeker was detained pending deportation and remained in detention for almost 34 months due to his continued failure to co-operate with the removal process.   The High Court held that despite his clear intention not to co-operate with removal procedures, and to remain in the UK, his continuing detention was illegal.

Consideration of the meaning of “significant risk . . . of serious harm” in the Criminal Justice Act 2003, s 225(1)(b) with reference to imprisonment for public protection. 

 
A judicial review of a decision of the Parole Board for Scotland to withdrew its recommendation to grant a prisoner parole after his security status was downgraded following receipt of an intelligence report and police information that he had breached his licence conditions on several occasions when on home release, the Lord Ordinary Lord Turnbull confirmed that Article 5(4) of …

 
The Lord Ordinary, Lord McEwan, rejected a challenge to the decision of the Parole Board not to direct the release of a mandatory life prisoner nearing the end of the punishment part of his sentence. He held that while there was a duty both at common law and by virtue of Article 5(4) for the Parole Board to act in …

Article 5(4) – the right to court proceedings to challenge the lawfulness of detention
 
The petitioner challenged the compatibility with Article 5(4) of a decision by the Scottish Ministers to revoke his licence discharging him from prison without first consulting the parole board (although the decision was subsequently affirmed by the parole board).