BILLY JOHN BROWN FOR JUDICIAL REVIEW OF A DECISION OF THE PAROLE BOARD FOR SCOTLAND & Ors [2013] ScotCS CSOH_0 (31 December 2013)

BILLY JOHN BROWN FOR JUDICIAL REVIEW OF A DECISION OF THE PAROLE BOARD FOR SCOTLAND & Ors [2013] ScotCS CSOH_0 (31 December 2013)

The petitioner's continued detention was pursuant to a lawful, determinate sentence fixed by the court, and the Parole Board's refusal to release was based on statutory criteria for public protection. The lack of access to rehabilitative courses did not render the detention arbitrary or unlawful under Article 5 ECHR in the absence of systemic failure or exceptional circumstances. The Parole Board's decision contained no material error of fact or inadequacy of reasons, and section 3A(4) of the 1993 Act was not incompatible with ECHR.

Citation
[2013] ScotCS CSOH_0
Parties
Petitioner: Billy John Brown; First Respondent: Parole Board for Scotland; Second Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
31 December 2013
Procedural Posture
Judicial Review / Opinion of Outer House, Court of Session
Outcome
Petition refused
Legal Topics
Parole, Judicial Review, Article 5 ECHR, Detention, Rehabilitation, Compatibility of Legislation With ECHR
Criminal Law Human Rights Law Administrative Law Parole Judicial Review Article 5 ECHR Detention Rehabilitation +1 more

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Parties

Billy John Brown

Petitioner

Parole Board for Scotland

First Respondent

Scottish Ministers

Second Respondents

Procedural Posture

Judicial Review / Opinion of Outer House, Court of Session

Legal Issues

  1. 1 Whether the continued detention of the petitioner following recall from licence breached Article 5 ECHR due to lack of access to rehabilitative courses
  2. 2 Whether section 3A(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 is incompatible with ECHR
  3. 3 Whether the Parole Board's decision contained material errors of fact or inadequate reasons

Ratio Decidendi

The petitioner's continued detention was pursuant to a lawful, determinate sentence fixed by the court, and the Parole Board's refusal to release was based on statutory criteria for public protection. The lack of access to rehabilitative courses did not render the detention arbitrary or unlawful under Article 5 ECHR in the absence of systemic failure or exceptional circumstances. The Parole Board's decision contained no material error of fact or inadequacy of reasons, and section 3A(4) of the 1993 Act was not incompatible with ECHR.

Court Disposition

Petition refused

Orders

  • Petition for judicial review refused as against both respondents
  • No declarator of breach of Article 5 ECHR granted