Johnstone, petitioner

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.

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