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Mental health – Judicial review – Human rights. Court of Session: Refusing a judicial review petition by a petitioner who had been detained in the State Hospital since pleading guilty to a charge of culpable homicide on the basis of diminished responsibility and being made subject to compulsion and restriction orders, who contended there was no treatment for his dissocial personality disorder that could not equally be provided in prison but whose request to be transferred to prison was refused by the Scottish Ministers who said they had no power to do so, the court rejected contentions that the petitioner's continued detention in the State Hospital was in breach of arts 3 and/or 5 of the European Convention on Human Rights and that the Mental Health (Care and Treatment) (Scotland) Act 2003 was non-convention compliant because of the absence of any provision allowing transfer of persons from the State Hospital to prison.
Mental health – Judicial review – Human rights. Court of Session: Refusing a judicial review petition by a petitioner who had been detained in the State Hospital since pleading guilty to a charge of culpable homicide on the basis of diminished responsibility and being made subject to compulsion and restriction orders, who contended there was no treatment for his dissocial personality disorder that could not equally be provided in prison but whose request to be transferred to prison was refused by the Scottish Ministers who said they had no power to do so, the court rejected contentions that the petitioner's continued detention in the State Hospital was in breach of arts 3 and/or 5 of the European Convention on Human Rights and that the Mental Health (Care and Treatment) (Scotland) Act 2003 was non-convention compliant because of the absence of any provision allowing transfer of persons from the State Hospital to prison.
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
A career shaped by advocacy beyond her practice, and the realities of living with an invisible disability – Dr Natasha Shotunde, Black Barristers’ Network Co-Founder and its Chair for seven years, reflects on a decade at the Bar
Responding to criticism on the narrow profile of government-instructed counsel, Mel Nebhrajani CB describes the system-wide change at GLD to drive fairer distribution of work and broader development of talent
The odds of success are as unforgiving as ever, but ambition clearly isn’t in short supply. David Wurtzel’s annual deep‑dive into the competition cohort shows who’s entering, who’s thriving and the trends that will define the next wave
Where to start and where to find help? Monisha Shah, Chair of the King’s Counsel Selection Panel, provides an overview of the silk selection process, debunking some myths along the way
Do chatbot providers owe a duty of care for negligent misstatements? Jasper Wong suggests that the principles applicable to humans should apply equally to machines