Petition of Craig McInally for Judicial Review of a decision of a failure by the Scottish Ministers to plan his sentence, progress him through the prison system, and provide him with rehabilitative opportunities (Court of Session) [2026] CSOH 21 (06 March 2026)

Petition of Craig McInally for Judicial Review of a decision of a failure by the Scottish Ministers to plan his sentence, progress him through the prison system, and provide him with rehabilitative opportunities (Court of Session) [2026] CSOH 21 (06 March 2026)

The respondent breached the petitioner's Article 5 ECHR rights by failing to provide any rehabilitative opportunities for almost four years post-tariff, with significant delay and mismanagement in identifying and progressing suitable interventions, rendering the detention arbitrary.

Source-derived case information.

Citation
[2026] CSOH 21
Parties
Petitioner: Craig McInally; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
06 March 2026
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition sustained in part; declarator granted; damages awarded; expenses awarded to petitioner.
Legal Topics
Arbitrary Detention, Rehabilitation of Prisoners, European Convention on Human Rights Article 5, Damages for Breach of Human Rights, Sentence Planning
Public Law Human Rights Law Prison Law Arbitrary Detention Rehabilitation of Prisoners European Convention on Human Rights Article 5 Damages for Breach of Human Rights Sentence Planning

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Parties

Craig McInally

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the respondent breached the petitioner's rights under Article 5 ECHR by failing to provide reasonable rehabilitative opportunities post-tariff
  2. 2 Whether damages are necessary to afford just satisfaction for any breach
  3. 3 What remedy should be pronounced

Ratio Decidendi

The respondent breached the petitioner's Article 5 ECHR rights by failing to provide any rehabilitative opportunities for almost four years post-tariff, with significant delay and mismanagement in identifying and progressing suitable interventions, rendering the detention arbitrary.

Court Disposition

Petition sustained in part; declarator granted; damages awarded; expenses awarded to petitioner.

Orders

  • Declarator that the respondent acted unlawfully under Article 5 ECHR by failing to properly plan the petitioner's sentence and provide reasonable access to rehabilitative opportunities.
  • Respondent to pay the petitioner damages of £1,000.