PETITION OF ANDREW BROWN AGAINST THE SCOTTISH MINISTERS [2021] ScotCS CSOH_123 (14 December 2021)

There was no systemic failure by the Scottish Ministers to provide requisite systems and resources for OLR prisoner rehabilitation; delays were due to increased demand and were being addressed by programme changes. The prioritisation policy did not unlawfully discriminate against OLR prisoners as compared to life prisoners because the two groups are not analogous for the purposes of the policy, and any difference in treatment was reasonable and proportionate.

Citation: [2021] ScotCS CSOH_123
Parties: Petitioner: Andrew Brown; Respondents: The Scottish Ministers
Jurisdiction: Scotland
Judgment Date: 14 December 2021
Procedural Posture: Judicial Review / Outer House, Court of Session, Opinion
Outcome: Petition dismissed
Legal Topics: Judicial Review, Prisoner Rehabilitation, Resource Allocation, Discrimination Under ECHR, Sentencing Policy

Public Law Prison Law Human Rights Judicial Review Prisoner Rehabilitation Resource Allocation Discrimination Under ECHR Sentencing Policy

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Parties

Andrew Brown

Petitioner

The Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Outer House, Court of Session, Opinion

Legal Issues

1 Whether the Scottish Ministers failed to provide sufficient systems and resources for rehabilitation of OLR prisoners
2 Whether the policy on prioritisation for rehabilitative coursework unlawfully discriminates against OLR prisoners compared to life sentence prisoners under Articles 5 and 14 ECHR

Ratio Decidendi

Court Disposition

Petition dismissed