Haggerty, Re Judicial Review [2017] ScotCS CSOH_61 (07 April 2017)
The petitioner failed to establish that the respondents had unreasonably delayed his progression to less secure conditions or breached his Article 5 ECHR rights; all steps taken were lawful, necessary, and within reasonable timeframes, with no period of delay sufficient to constitute a breach or sound in damages.
- Citation
- [2017] ScotCS CSOH_61
- Parties
- Petitioner: James Haggerty; Respondents: The Scottish Ministers
- Jurisdiction
- Scotland
- Judgment Date
- 07 April 2017
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Petition dismissed
- Legal Topics
- Article 5 ECHR, Right to Rehabilitation, Prisoner Progression, Delay in Prison Administration
Case Brief
Summary, issues, holding and outcome
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Parties
James Haggerty
Petitioner
The Scottish Ministers
Respondents
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the petitioner was denied a reasonable opportunity to demonstrate to the Parole Board that his continued imprisonment was no longer necessary for the protection of the public
- 2 Whether the delay in progressing the petitioner to less secure conditions constituted a breach of Article 5 ECHR
Ratio Decidendi
The petitioner failed to establish that the respondents had unreasonably delayed his progression to less secure conditions or breached his Article 5 ECHR rights; all steps taken were lawful, necessary, and within reasonable timeframes, with no period of delay sufficient to constitute a breach or sound in damages.
Court Disposition
Petition dismissed
Orders
- Repel the pleas in law for the petitioner
- Sustain the first plea in law for the respondents
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