Scottish Human Rights Law Group

 
Article 5(4) – the right to court proceedings to challenge the lawfulness of detention
 
The Inner House held that lack of legal representation at children’s hearing when warrant authorising detention in secure accommodation issued was not per se in breach of the child’s Convention rights on that basis that her right under Article 5(4)were satisfied by the possibility of appealing against …

 
Article 5(3) – the right to release pending a trial

The High Court of Justiciary held that the practice which had previously obtained in bail applications in Scotland whereby the sheriff was not permitted to go behind any statement by the procurator fiscal that the Crown were continuing to make inquiries and that it was necessary for the proper pursuit of …

Infectious diseases – article 5(1)(e)
A health board, in order to prevent the spread of disease, made an application under Section 54 of the Public Health (Scotland) Act 1897, for the compulsory transfer and detention of a patient who had been diagnosed with tuberculosis (TB) and had been admitted to the infectious diseases unit at the local hospital but had absconded …

 
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 …

 
Article 5(1) – the bases on which liberty might be denied
Article 5(1)(a) – the prevention of flight after committing an offence
A Guatemalan national, while being detained under the Immigration Act 1971, was charged with importing drugs. He applied for and was granted bail by the sheriff but that was later denied due to the seriousness of the criminal charge against him. …