The petitioner, a detained mental patient challenged the validity of orders made by the Mental Health Tribunal established under the 2003 Act. He said that, the respondents having not passed regulations providing complete processes for the tribunals, those tribunals could not provide a fair process for him. In particular there was no appeal mechanism. Held: … Continue reading RM v The Scottish Ministers: SCS 27 Aug 2008
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the appropriate Regulations. Held: The appeal succeeded: ‘the Ministers’ failure to exercise their … Continue reading RM v The Scottish Ministers: SC 28 Nov 2012
