Ansari, Re Judicial Review [2015] ScotCS CSOH_168 (11 December 2015)

Ansari, Re Judicial Review [2015] ScotCS CSOH_168 (11 December 2015)

The Haney duty under article 5 ECHR is imposed on the state in its capacity as detainer and is not a free-standing duty applicable to local authorities. Local authorities, while public bodies with statutory responsibilities in rehabilitation and throughcare, do not detain prisoners and are not required to justify deprivation of liberty under article 5. Any duties owed by local authorities arise from specific statutes, not from Haney or article 5. Therefore, the petitioner's case against the first respondents (local authority) is irrelevant and must be refused.

Citation
[2015] ScotCS CSOH_168
Parties
Petitioner: Yousef Ansari; First Respondent: Aberdeen City Council; Second Respondent: Scottish Ministers; First Interested Party: Police Scotland
Jurisdiction
Scotland
Judgment Date
11 December 2015
Procedural Posture
Judicial Review / Opinion on Preliminary Issue (scope of Duty Under Article 5 Echr)
Outcome
petition refused as against the first respondents (Aberdeen City Council)
Legal Topics
Article 5 ECHR, Rehabilitation of Prisoners, Duties of Local Authorities, Haney Duty, Throughcare Responsibilities
Public Law Human Rights Law Criminal Law Article 5 ECHR Rehabilitation of Prisoners Duties of Local Authorities Haney Duty Throughcare Responsibilities

Case Brief

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Parties

Yousef Ansari

Petitioner

Aberdeen City Council

First Respondent

Scottish Ministers

Second Respondent

Police Scotland

First Interested Party

Procedural Posture

Judicial Review / Opinion on Preliminary Issue (scope of Duty Under Article 5 Echr)

Legal Issues

  1. 1 Does the Haney duty under article 5 ECHR apply to local authorities as well as the Scottish Ministers?
  2. 2 What is the scope of any such duty if it exists?

Ratio Decidendi

The Haney duty under article 5 ECHR is imposed on the state in its capacity as detainer and is not a free-standing duty applicable to local authorities. Local authorities, while public bodies with statutory responsibilities in rehabilitation and throughcare, do not detain prisoners and are not required to justify deprivation of liberty under article 5. Any duties owed by local authorities arise from specific statutes, not from Haney or article 5. Therefore, the petitioner's case against the first respondents (local authority) is irrelevant and must be refused.

Court Disposition

petition refused as against the first respondents (Aberdeen City Council)

Orders

  • Petition refused as against the first respondents.
  • Case appointed to come out By Order to determine further procedure.