MAIN AGAINST SCOTTISH MINISTERS [2015] ScotCS CSIH_41 (22 May 2015)

MAIN AGAINST SCOTTISH MINISTERS [2015] ScotCS CSIH_41 (22 May 2015)

The selection of a 15-year minimum period before review of indefinite notification requirements for adult sex offenders under the Sexual Offences Act 2003 is not a disproportionate interference with Article 8 ECHR rights. The measure pursues a legitimate aim, is based on evidence, applies only to serious offenders, and falls within the range of reasonable legislative choices. The court must respect the margin of appreciation afforded to the legislature, and the interference is proportionate to the public interest in preventing serious crime.

Citation
[2015] ScotCS CSIH_41
Parties
Petitioner and Reclaimer: Philip Allan Main; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
22 May 2015
Procedural Posture
Reclaiming Motion (appeal) in Judicial Review / Inner House, Court of Session, Decision on Appeal
Outcome
Reclaiming motion refused; appeal dismissed
Legal Topics
Sexual Offences Act 2003, Notification Requirements for Sex Offenders, Article 8 ECHR (right to Private Life), Proportionality, Judicial Review of Legislative Measures
Human Rights Law Criminal Law Public Law Sexual Offences Act 2003 Notification Requirements for Sex Offenders Article 8 ECHR (right to Private Life) Proportionality Judicial Review of Legislative Measures

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Parties

Philip Allan Main

Petitioner and Reclaimer

Scottish Ministers

Respondents

Procedural Posture

Reclaiming Motion (appeal) in Judicial Review / Inner House, Court of Session, Decision on Appeal

Legal Issues

  1. 1 Whether the 15-year minimum period before review of indefinite notification requirements for sex offenders under the Sexual Offences Act 2003 is a disproportionate interference with Article 8 ECHR rights
  2. 2 Whether the legislative scheme is compatible with the European Convention on Human Rights

Ratio Decidendi

The selection of a 15-year minimum period before review of indefinite notification requirements for adult sex offenders under the Sexual Offences Act 2003 is not a disproportionate interference with Article 8 ECHR rights. The measure pursues a legitimate aim, is based on evidence, applies only to serious offenders, and falls within the range of reasonable legislative choices. The court must respect the margin of appreciation afforded to the legislature, and the interference is proportionate to the public interest in preventing serious crime.

Court Disposition

Reclaiming motion refused; appeal dismissed

Orders

  • The reclaiming motion is refused.