Wednesday, January 25th, 2017

AG v Scottish Ministers [2017] CSOH 10

Jillian Martin-Brown was recently successful on behalf of the Scottish Ministers in a petition for judicial review brought by a prisoner who alleged that he had not been provided with a reasonable opportunity to rehabilitate himself while serving an indeterminate sentence.  The punishment part of his sentence had expired but he remained in prison for reasons of public protection.  The petitioner argued that due to his cognitive difficulties, he had been provided with resources that were unsuited to his particular needs.

Lord Bannatyne held that having regard to all of the background material available, the decisions taken by the Scottish Prison Service were reasonable.  In assessing the reasonableness of the opportunities for rehabilitation, the recommendations made by experts and the use made of opportunities for rehabilitation by the prisoner himself were relevant factors.  The petition was therefore refused.

A copy of the judgment is available here.

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