Reid v Scottish Ministers

Prisoner – Detention for public protection – Rehabilitation. Court of Session: Refusing a reclaiming motion in judicial review proceedings by a petitioner who, following a successful appeal, was transferred from the State Hospital to prison, and was in the post-tariff stage of his detention, his continued detention being justified solely by reference to public protection, the court held that the Scottish Prison Service had not failed in their duty to provide him with a reasonable opportunity to rehabilitate himself and to demonstrate that was no longer an unacceptable danger to the public; it detected no breach of any duty arising under art 5 of the European Convention on Human Rights, nor any error in the Lord Ordinary's approach or conclusions in refusing the petition.

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