Napier v Scottish Ministers For Judicial Review [2001] ScotCS 162 (26 June 2001)

Napier v Scottish Ministers For Judicial Review [2001] ScotCS 162 (26 June 2001)

The petitioner established a prima facie case that his detention conditions may contravene Article 3 ECHR, and the balance of convenience favoured granting an interim order for his transfer to compliant conditions, as the respondents did not argue impracticability in his individual case.

Citation
[2001] ScotCS 162
Parties
Petitioner: Robert Napier; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
26 June 2001
Procedural Posture
Judicial Review / Interim Order Application
Outcome
Interim order granted in favour of the petitioner.
Legal Topics
Article 3 ECHR, Inhuman or Degrading Treatment, Prison Conditions, Interim Relief, Judicial Review
Human Rights Law Prison Law Administrative Law Article 3 ECHR Inhuman or Degrading Treatment Prison Conditions Interim Relief Judicial Review

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Parties

Robert Napier

Petitioner

The Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Interim Order Application

Legal Issues

  1. 1 Whether the conditions of the petitioner's detention contravene Article 3 of the European Convention on Human Rights
  2. 2 Whether an interim order should be granted requiring the petitioner's transfer to compliant conditions

Ratio Decidendi

The petitioner established a prima facie case that his detention conditions may contravene Article 3 ECHR, and the balance of convenience favoured granting an interim order for his transfer to compliant conditions, as the respondents did not argue impracticability in his individual case.

Court Disposition

Interim order granted in favour of the petitioner.

Orders

  • Scottish Ministers ordered to secure the transfer of the petitioner to conditions of detention compliant with Article 3 ECHR, within HM Prison Barlinnie or any other prison, within seventy-two hours.