Potter for Judicial Review of Acts and Decisions of the Scottish Prison Service: OHCS 20 Mar 2007

The prisoner complained that the prison arranged that outgoing telephone calls from the prison should be preceded by a message which said the call was being made from a prison.
Held: There was no lawful authority for the message. The prison rules allowed rules to be made for the purposes of the regulation, management or discipline of prisons. This rule was not for these purposes, and the impingement on the claimants human rights went beyond what might be necessary for such purposes. It was a breach of the prisoners article 8.2 rights and ultra vires at common law.


Lord Glennie


Times 04-Apr-2007, [2007] ScotCS CSOH – 56, 2007 SLT 1019




European Convention on Human Rights 8.2



Prisons, Human Rights

Updated: 06 August 2022; Ref: scu.252862