DP, Reference by The Parole Board for Scotland of Devolution Issue [2013] ScotCS CSIH_26 (05 April 2013)

DP, Reference by The Parole Board for Scotland of Devolution Issue [2013] ScotCS CSIH_26 (05 April 2013)

The Parole Board proceedings concerning early release are administrative, not criminal, and arise from the applicant's conviction, not his acquittal. There is no sufficient link between the acquitted charges and the Parole Board proceedings to engage Article 6(2) ECHR. The inclusion of references to acquitted charges in the dossier, without any assertion of guilt by the Scottish Ministers, does not breach the presumption of innocence. No devolution issue arises from the Ministers' act of sending the dossier.

Citation
[2013] ScotCS CSIH_26
Parties
Minuter: DP; Referrer: The Parole Board for Scotland; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
05 April 2013
Procedural Posture
Reference of Devolution Issue / Inner House, Court of Session, Opinion
Outcome
Devolution Issue Minute dismissed
Legal Topics
Devolution Issues, Presumption of Innocence, Article 6 ECHR, Parole Board Procedure, Acquittal and Subsequent Proceedings
Constitutional Law Human Rights Law Criminal Law Devolution Issues Presumption of Innocence Article 6 ECHR Parole Board Procedure Acquittal and Subsequent Proceedings

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Parties

DP

Minuter

The Parole Board for Scotland

Referrer

Scottish Ministers

Respondent

Procedural Posture

Reference of Devolution Issue / Inner House, Court of Session, Opinion

Legal Issues

  1. 1 Whether the inclusion of material relating to acquitted charges in a Parole Board dossier breaches the presumption of innocence under Article 6(2) ECHR
  2. 2 Whether the Parole Board proceedings are sufficiently linked to prior criminal proceedings to engage Article 6(2) ECHR
  3. 3 Whether the Scottish Ministers' act of sending such material constitutes a devolution issue under the Scotland Act 1998

Ratio Decidendi

The Parole Board proceedings concerning early release are administrative, not criminal, and arise from the applicant's conviction, not his acquittal. There is no sufficient link between the acquitted charges and the Parole Board proceedings to engage Article 6(2) ECHR. The inclusion of references to acquitted charges in the dossier, without any assertion of guilt by the Scottish Ministers, does not breach the presumption of innocence. No devolution issue arises from the Ministers' act of sending the dossier.

Court Disposition

Devolution Issue Minute dismissed

Orders

  • Devolution Issue Minute dismissed
  • All questions of expenses reserved