Varey, Re Application For Judicial Review [2000] ScotCS 225 (11 August 2000)

Varey, Re Application For Judicial Review [2000] ScotCS 225 (11 August 2000)

The petitioner's continued detention is attributable to the Parole Board's decision, which superseded the Scottish Ministers' decision; the system as a whole, including referral to the Parole Board, satisfies Article 5 ECHR for determinate sentences; thus, the petitioner's challenge to the Ministers' decision is...

Source-derived case information.

Citation
[2000] ScotCS 225
Parties
Petitioner: William Varey; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
11 August 2000
Procedural Posture
Judicial Review / Outer House, Court of Session, Opinion
Outcome
Petition refused and dismissed.
Legal Topics
Judicial Review, Parole and Release on Licence, Revocation of Licence, European Convention on Human Rights Article 5, Scotland Act 1998 Section 57, Procedural Fairness
Public Law Criminal Law Human Rights Law Judicial Review Parole and Release on Licence Revocation of Licence European Convention on Human Rights Article 5 Scotland Act 1998 Section 57 +1 more

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Parties

William Varey

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session, Opinion

Legal Issues

  1. 1 Whether the Scottish Ministers' decision to revoke the petitioner's licence and recall him to prison was ultra vires under section 57(2) of the Scotland Act 1998 as incompatible with Article 5 ECHR
  2. 2 Whether the operative decision for the petitioner's continued detention was that of the Scottish Ministers or the Parole Board
  3. 3 Whether there was a sufficient causal nexus between the original sentence and the deprivation of liberty following licence revocation

Ratio Decidendi

The petitioner's continued detention is attributable to the Parole Board's decision, which superseded the Scottish Ministers' decision; the system as a whole, including referral to the Parole Board, satisfies Article 5 ECHR for determinate sentences; thus, the petitioner's challenge to the Ministers' decision is ill-founded and must be refused.

Court Disposition

Petition refused and dismissed.

Orders

  • Refuse petitioner's motion for declarator and reduction.
  • Repel petitioner's first plea-in-law.