Duncan v Scottish Ministers

Prisoner – Human rights – Rehabilitation. Court of Session: In judicial review proceedings by a post-tariff life prisoner, alleging that the Scottish Ministers had failed to provide him with a real opportunity for rehabilitation, thus rendering him unable to satisfy the Parole Board of his suitability for release, the court made a provisional finding that there had been a breach of art 5(1) of the European Convention on Human Rights, rejected the respondents' contentions that the action was time-barred under s100(3B) of the Scotland Act, or barred by mora, taciturnity and acquiescence, and appointed the petition to call by Order to hear submissions on the scope of a second hearing.

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