Gage, petitioner

Prisoner – Prison conditions – Exposure to environmental tobacco smoke (ETS). Court of Session: Refusing a judicial review petition in which the petitioner, a prisoner serving a life sentence in HMP Shotts, sought a declarator that it was unreasonable and therefore unlawful for the respondents to detain him in conditions in which he was exposed to ETS, the court held that the exercise of the respondents' power to detain the petitioner in the circumstances in which he currently found himself was not unreasonable and therefore unlawful, nor was it being implemented on a basis which could be said to be otherwise irrational: rather it fell within the range of reasonable responses to the prevailing situation.

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