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Prisoner – Rehabilitation. Court of Session: Dismissing a judicial review petition by a prisoner who was subject to an order for lifelong restriction with a punishment part of 7 years' imprisonment and who sought judicial review of a failure by the Scottish Ministers to assess him for rehabilitative course work and their associated policy, the court rejected the petitioner's contentions that by failing to assess him for rehabilitative course work and by adopting policy they had in prioritising assessments for such course work the respondents had failed in their duty to provide him with a reasonable opportunity to rehabilitate himself and demonstrate to the Parole Board at point of his punishment part expiry date that he no longer represented an unacceptable danger to the public and that those failings constituted breaches of their duties at common law and under arts 5 and 14 of the European Convention on Human Rights.
Prisoner – Rehabilitation. Court of Session: Dismissing a judicial review petition by a prisoner who was subject to an order for lifelong restriction with a punishment part of 7 years' imprisonment and who sought judicial review of a failure by the Scottish Ministers to assess him for rehabilitative course work and their associated policy, the court rejected the petitioner's contentions that by failing to assess him for rehabilitative course work and by adopting policy they had in prioritising assessments for such course work the respondents had failed in their duty to provide him with a reasonable opportunity to rehabilitate himself and demonstrate to the Parole Board at point of his punishment part expiry date that he no longer represented an unacceptable danger to the public and that those failings constituted breaches of their duties at common law and under arts 5 and 14 of the European Convention on Human Rights.
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