Hogg, Re Judicial Review [2013] ScotCS CSOH_87 (30 May 2013)

Hogg, Re Judicial Review [2013] ScotCS CSOH_87 (30 May 2013)

The refusal to vary the petitioner's transfer condition was not irrational or unreasonable, as it was based on established policy considerations regarding the effect on the length of time to be served, and the Scottish Ministers did not have unilateral power to alter the restriction. There was no discrimination under Article 14 ECHR as the petitioner was not in an analogous position to Scottish prisoners, and even if there was a difference in treatment, it was objectively justified and proportionate.

Citation
[2013] ScotCS CSOH_87
Parties
Petitioner: Gary Hogg; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
30 May 2013
Procedural Posture
Judicial Review / Outer House, Court of Session, Opinion
Outcome
Petition dismissed
Legal Topics
Prisoner Transfer, Discrimination Under ECHR Article 14, Release Dates, Comity Between Jurisdictions
Administrative Law Prison Law Human Rights Prisoner Transfer Discrimination Under ECHR Article 14 Release Dates Comity Between Jurisdictions

Case Brief

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Parties

Gary Hogg

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session, Opinion

Legal Issues

  1. 1 Whether the refusal by Scottish Ministers to vary the petitioner's transfer condition from restricted to unrestricted was irrational or unlawful
  2. 2 Whether the refusal constituted discrimination contrary to Article 14 of the European Convention on Human Rights, read with Article 5

Ratio Decidendi

The refusal to vary the petitioner's transfer condition was not irrational or unreasonable, as it was based on established policy considerations regarding the effect on the length of time to be served, and the Scottish Ministers did not have unilateral power to alter the restriction. There was no discrimination under Article 14 ECHR as the petitioner was not in an analogous position to Scottish prisoners, and even if there was a difference in treatment, it was objectively justified and proportionate.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • Orders sought by petitioner refused