Moore v Scottish Ministers [2000] ScotCS 77 (23 March 2000)

Moore v Scottish Ministers [2000] ScotCS 77 (23 March 2000)

The pursuer is not entitled to interim liberation because the licence upon which his liberty depended was revoked, and he must serve the balance of the original sentence until a new licence is granted by the Parole Board.

Citation
[2000] ScotCS 77
Parties
Pursuer: Gary Lane Moore; Defenders: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
23 March 2000
Procedural Posture
Motion for Interim Liberation / Interlocutory Hearing
Outcome
motion refused
Legal Topics
Unlawful Detention, Revocation of Licence, Interim Liberation
Criminal Law Prison Law Unlawful Detention Revocation of Licence Interim Liberation

Case Brief

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Parties

Gary Lane Moore

Pursuer

The Scottish Ministers

Defenders

Procedural Posture

Motion for Interim Liberation / Interlocutory Hearing

Legal Issues

  1. 1 Whether the pursuer is entitled to interim liberation pending further licence application
  2. 2 Effect of revocation of licence under section 16(7) of the Prisoners and Criminal Proceedings (Scotland) Act 1993

Ratio Decidendi

The pursuer is not entitled to interim liberation because the licence upon which his liberty depended was revoked, and he must serve the balance of the original sentence until a new licence is granted by the Parole Board.

Court Disposition

motion refused

Orders

  • Motion for interim liberation refused.