PETITION OF THOMAS O'LEARY FOR JUDICIAL REVIEW [2020] ScotCS CSOH_81 (02 September 2020)

PETITION OF THOMAS O'LEARY FOR JUDICIAL REVIEW [2020] ScotCS CSOH_81 (02 September 2020)

The statutory regime for risk management plans is comprehensive and lawful; the content of such plans is for the lead authority and RMA, not the Parole Board or court, to determine. There is no legal requirement or legitimate expectation for a community-facing or robust risk management plan where the current plan assesses the petitioner as unmanageable in the community. The refusal to prepare such a plan does not breach procedural fairness, Parole Board Rules, or the petitioner's rights under Articles 5 or 14 ECHR.

Citation
[2020] ScotCS CSOH_81
Parties
Petitioner: Thomas O'Leary; First Respondents: Scottish Ministers; Second Respondents: Glasgow City Council; Third Interested Parties: Parole Board for Scotland; Sixth Interested Parties: Risk Management Authority (RMA)
Jurisdiction
Scotland
Judgment Date
02 September 2020
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Petition refused
Legal Topics
Judicial Review, Parole, Risk Management Plans, Order for Lifelong Restriction (olr), Procedural Fairness, Legitimate Expectation, ECHR Article 5, ECHR Article 14
Public Law Criminal Law Human Rights Judicial Review Parole Risk Management Plans Order for Lifelong Restriction (olr) Procedural Fairness +3 more

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Parties

Thomas O'Leary

Petitioner

Scottish Ministers

First Respondents

Glasgow City Council

Second Respondents

Parole Board for Scotland

Third Interested Parties

Risk Management Authority (RMA)

Sixth Interested Parties

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the failure of Scottish Ministers and/or Glasgow City Council to prepare a community-facing or robust risk management plan is unlawful or breaches the petitioner's rights under Articles 5 and 14 ECHR
  2. 2 Whether there is a breach of legitimate expectation, procedural fairness, or Parole Board Rules by not preparing such a plan
  3. 3 Whether the Parole Board or court can compel the content of a risk management plan

Ratio Decidendi

The statutory regime for risk management plans is comprehensive and lawful; the content of such plans is for the lead authority and RMA, not the Parole Board or court, to determine. There is no legal requirement or legitimate expectation for a community-facing or robust risk management plan where the current plan assesses the petitioner as unmanageable in the community. The refusal to prepare such a plan does not breach procedural fairness, Parole Board Rules, or the petitioner's rights under Articles 5 or 14 ECHR.

Court Disposition

Petition refused