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Prisoner – Detention for public protection – Rehabilitation. Court of Session: In judicial review proceedings by a prisoner, the punishment part of whose sentence of life imprisonment expired in March 2005 and who complained he had not been given a reasonable opportunity to progress through the prison estate and demonstrate his safety for release, alleging failings by the Scottish Ministers (the second respondents to the petition) and a local authority (the first respondents), the court refused the petition as against the local authority, holding that the case against them was irrelevant as they did not owe any relevant duty to the petitioner under art 5 of European Convention on Human Rights.
Prisoner – Detention for public protection – Rehabilitation. Court of Session: In judicial review proceedings by a prisoner, the punishment part of whose sentence of life imprisonment expired in March 2005 and who complained he had not been given a reasonable opportunity to progress through the prison estate and demonstrate his safety for release, alleging failings by the Scottish Ministers (the second respondents to the petition) and a local authority (the first respondents), the court refused the petition as against the local authority, holding that the case against them was irrelevant as they did not owe any relevant duty to the petitioner under art 5 of European Convention on Human Rights.
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