GAGE, PETITION OF WILLIAM LEWIS FOR JUDICIAL REVIEW OF HIS DETENTION BY THE SCOTTISH MINISTERS IN CONDITIONS IN WHICH HE IS EXPOSED INDOORS TO ENVIRONMENTAL TOBACCO SMOKE [2015] ScotCS CSOH_174 (16 December 2015)

GAGE, PETITION OF WILLIAM LEWIS FOR JUDICIAL REVIEW OF HIS DETENTION BY THE SCOTTISH MINISTERS IN CONDITIONS IN WHICH HE IS EXPOSED INDOORS TO ENVIRONMENTAL TOBACCO SMOKE [2015] ScotCS CSOH_174 (16 December 2015)

The exercise of the respondents’ powers to detain the petitioner in conditions exposing him to environmental tobacco smoke, while unfortunate, falls within the range of reasonable responses given the ongoing implementation of government policy, the complexities of prison management, and the need to consider the impact on the entire prison estate. The respondents are actively addressing the issue, and the situation is not comparable to cases where authorities failed to act despite capacity and resources.

Citation
[2015] ScotCS CSOH_174
Parties
Petitioner: William Lewis Gage; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
16 December 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition refused
Legal Topics
Reasonableness of Detention, Exposure to Environmental Tobacco Smoke, Prisoner Health, Exercise of Statutory Powers
Public Law Prison Law Administrative Law Reasonableness of Detention Exposure to Environmental Tobacco Smoke Prisoner Health Exercise of Statutory Powers

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Parties

William Lewis Gage

Petitioner

Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Is it unreasonable and unlawful for the Scottish Ministers to detain the petitioner in conditions exposing him indoors to environmental tobacco smoke?
  2. 2 Did the respondents fail to consider reasonable alternatives to protect non-smoking prisoners from ETS?

Ratio Decidendi

The exercise of the respondents’ powers to detain the petitioner in conditions exposing him to environmental tobacco smoke, while unfortunate, falls within the range of reasonable responses given the ongoing implementation of government policy, the complexities of prison management, and the need to consider the impact on the entire prison estate. The respondents are actively addressing the issue, and the situation is not comparable to cases where authorities failed to act despite capacity and resources.

Court Disposition

petition refused

Orders

  • petitioner’s plea in law repelled
  • respondents’ third and fourth pleas in law sustained