JOHN STUART JOHNSTON FOR JUDICIAL REVIEW OF FAILURES BY THE SCOTTISH MINISTERS [2015] ScotCS CSOH_121 (04 September 2015)

JOHN STUART JOHNSTON FOR JUDICIAL REVIEW OF FAILURES BY THE SCOTTISH MINISTERS [2015] ScotCS CSOH_121 (04 September 2015)

The continued detention of the petitioner in the State Hospital under the 2003 Act is lawful and ECHR compliant, as established by binding domestic and Strasbourg authority. The absence of a statutory regime for transfer from hospital to prison does not render the legislation incompatible with articles 3 or 5 ECHR. The petitioner continues to have a mental disorder justifying detention for public safety, and there is no breach of his Convention rights.

Citation
[2015] ScotCS CSOH_121
Parties
Petitioner: John Stuart Johnstone; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
04 September 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition refused
Legal Topics
ECHR Compliance, Detention of Mentally Disordered Offenders, Compatibility of Scottish Mental Health Legislation With Convention Rights, Transfer From Hospital to Prison, Articles 3 and 5 ECHR
Public Law Human Rights Law Mental Health Law ECHR Compliance Detention of Mentally Disordered Offenders Compatibility of Scottish Mental Health Legislation With Convention Rights Transfer From Hospital to Prison Articles 3 and 5 ECHR

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Parties

John Stuart Johnstone

Petitioner

Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the continued detention of the petitioner in the State Hospital breaches articles 3 and/or 5 ECHR
  2. 2 Whether the absence of a statutory regime for transfer from hospital to prison renders the legislation non-ECHR compliant

Ratio Decidendi

The continued detention of the petitioner in the State Hospital under the 2003 Act is lawful and ECHR compliant, as established by binding domestic and Strasbourg authority. The absence of a statutory regime for transfer from hospital to prison does not render the legislation incompatible with articles 3 or 5 ECHR. The petitioner continues to have a mental disorder justifying detention for public safety, and there is no breach of his Convention rights.

Court Disposition

petition refused