KENNETH SMITH (AP) AGAINST THE SCOTTISH MINISTERS [2015] ScotCS CSOH_15 (12 February 2015)

KENNETH SMITH (AP) AGAINST THE SCOTTISH MINISTERS [2015] ScotCS CSOH_15 (12 February 2015)

The Scottish Ministers failed to take reasonable steps to ensure compliance with the undertaking when the complainer was transferred to a new prison, amounting to a gross disregard for the importance of the undertaking and constituting contempt of court.

Citation
[2015] ScotCS CSOH_15
Parties
Complainer: Kenneth Smith; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
12 February 2015
Procedural Posture
Petition and Complaint (contempt of Court) / Hearing and Judgment
Outcome
Finding of contempt of court against the Scottish Ministers; no penalty imposed; questions of expenses reserved.
Legal Topics
Breach of Court Undertaking, Prisoners' Rights, Privileged Correspondence, Judicial Review, Contempt Proceedings
Public Law Prison Law Contempt of Court Breach of Court Undertaking Prisoners' Rights Privileged Correspondence Judicial Review Contempt Proceedings

Case Brief

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Parties

Kenneth Smith

Complainer

The Scottish Ministers

Respondents

Procedural Posture

Petition and Complaint (contempt of Court) / Hearing and Judgment

Legal Issues

  1. 1 Whether the Scottish Ministers were in contempt of court for breach of an undertaking regarding privileged correspondence to a prisoner

Ratio Decidendi

The Scottish Ministers failed to take reasonable steps to ensure compliance with the undertaking when the complainer was transferred to a new prison, amounting to a gross disregard for the importance of the undertaking and constituting contempt of court.

Court Disposition

Finding of contempt of court against the Scottish Ministers; no penalty imposed; questions of expenses reserved.

Orders

  • Finding of contempt of court against the respondents (Scottish Ministers)
  • No penalty imposed