The claimant, a lifer, argued that prison disciplinary actions were effectively criminal proceedings, and that the procedures failed to satisfy his rights to a fair trial under the Act.
Held: Disciplinary proceedings were not criminal proceedings. They were discontinuous with the proceedings which led to the imprisonment, and though they might have an effect on subsequent parole decisions, but decisions of a parole board could not either be seen as criminal proceedings; there was no charge and no penalty, but only a consideration of whether the prisoner was suitable for release on life licence.
Judges:
Reid L
Citations:
Times 24-Oct-2001
Statutes:
Prisons and Young Offenders Institutions (Scotland) Rules 1994 (SI 1994 No 1931), Human Rights Act 1998
Scotland, Prisons, Human Rights
Updated: 28 April 2022; Ref: scu.166722
