In Reclaiming Motion By Brown v The Parole Board for Scotland and The Scottish Ministers: SCS 31 Jul 2015

(Extra Division Inner House) The scope of this appeal relates to the impact of article 5 of the European Convention on Human Rights (‘ECHR’) in circumstances where the petitioner and reclaimer (‘the reclaimer’) is serving an extended sentence under and in terms of section 210A of the Criminal Procedure (Scotland) Act 1995. The reclaimer contends that he has not been given certain courses in prison recommended by the first respondents. The main disputed issues are (1) whether in the circumstances of this case there is a breach of article 5; and (2) if there is a breach what is the remedy in damages afforded in just satisfaction.
Lord Menzies, Lady Clark of Calton, Lord McGhie
[2015] ScotCS CSIH – 59, 2015 GWD 25-441, 2015 Rep LR 123, 2016 SC 19, 2015 SLT 568
European Convention on Human Rights 5, Criminal Procedure (Scotland) Act 1995 210A
Cited by:
Appeal fromBrown v The Parole Board for Scotland, The Scottish Ministers and Another SC 1-Nov-2017
The court was asked whether the duty under article 5 to provide prisoners with a real opportunity for rehabilitation applied to prisoners serving extended sentences. The prisoner was subject to an extended sentence, but had been released on licence . .

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Updated: 25 March 2021; Ref: scu.551713