AB FOR JUDICIAL REVIEW OF THE IMPOSITION OF CERTAIN CONDITIONS UPON HIS RELEASE BY THE SCOTTISH MINISTERS [2024] ScotCS CSOH_30 (14 March 2024)

The challenged licence conditions are lawful, sufficiently certain, proportionate, and justified in mitigating risk; procedural fairness was observed; no breach of ECHR articles 5, 8, or 14 is established.

Citation: [2024] ScotCS CSOH_30
Parties: Petitioner: AB; First Respondent: Scottish Ministers; Second Respondent: Parole Board for Scotland
Jurisdiction: Scotland
Judgment Date: 14 March 2024
Procedural Posture: Judicial Review / Final Judgment
Outcome: petition refused
Legal Topics: Licence Conditions, Procedural Fairness, Mental Health Assessment, Alcohol Misuse, Information Technology Restrictions, Certainty of Conditions, ECHR Articles 5, 8, 14, Discrimination

Criminal Law Public Law Human Rights Licence Conditions Procedural Fairness Mental Health Assessment Alcohol Misuse Information Technology Restrictions +3 more

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Full judgment text Downloadable case file Legal principles 7 Authorities cited 19 Party arguments 2 Amounts and remedies 2

Parties

Petitioner

Scottish Ministers

First Respondent

Parole Board for Scotland

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether licence conditions imposed on release are lawful and proportionate
2 Whether conditions are sufficiently certain
3 Whether procedural fairness was observed in imposing conditions

Ratio Decidendi

Court Disposition

petition refused

Orders

second and third pleas in law for respondents sustained
pleas for petitioner repelled