Inner House – The house considered a reclaiming motion (appeal) as to the lawfulness of a decision by the respondents to prohibit smoking and the possession of tobacco in the buildings and grounds of the State Hospital, Carstairs. The Board submitted that the 2003 Act principles did not apply to the impugned decision, that Mr McCann’s article 8 right to respect for his private life was not engaged, or, if it was, the impugned decision was a proportionate one which did not infringe his article 8 right.
Held: The Lord Justice Clerk with whom Lord Brodie agreed, allowed the appeal and refused the prayer of the petition. The Board was exercising its powers of management under the 1978 Act when it made the impugned decision. The 2003 Act was concerned with the care and treatment of the individual patient and the impugned decision did not involve the discharge of a function under that Act. Accordingly, the 2003 Act principles had no application to the decision.
Judges:
Lord Carloway Lord Justice Clerk, Lady Paton, Lord Brodie
Citations:
2015 SC 112, [2014] ScotCS CSIH – 71, 2014 SCLR 817
Links:
Statutes:
Mental Health (Care and Treatment) (Scotland) Act 2003
Jurisdiction:
Scotland
Citing:
Outer House – CM, Re Judicial Review SCS 27-Aug-2013
(Outer House) The prisoner, held in a high security psychiatric hospital, challenged the outright ban on smoking.
Held: The Lord Ordinary declared that the impugned decision was unlawful so far as it affected Mr McCann both because it was not . .
Cited by:
Appeal From – McCann v The State Hospitals Board for Scotland SC 11-Apr-2017
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 . .
Lists of cited by and citing cases may be incomplete.
Prisons, Human Rights
Updated: 03 August 2022; Ref: scu.535837
