Media By: Fraser Simpson

‘It’s complicated’: Court of Session considers duty to offer an opportunity to rehabilitate

2 July 2015 by Fraser Simpson

Photo credit: Guardian

Reid, Re Judicial Review, [2015] CSOH 84 – read judgment.

The Outer House of the Court of Session has refused a prisoner’s claim for damages resulting from an alleged  failure to afford him a reasonable opportunity to rehabilitate himself.

by Fraser Simpson

For a refresher on the Scottish Court system, see David Scott’s post here.

This case follows a Supreme Court judgment last year in which it was affirmed that under Article 5 ECHR there exists an implied duty to provide prisoners with a reasonable opportunity to rehabilitate themselves and to show that they are no longer a danger to the public (R (on the application Haney and Others) v. The Secretary of State for Justice, [2014] UKSC 66). According to the Supreme Court, a failure to satisfy this duty does not affect the lawfulness of the detention but it does entitle the prisoner to damages.

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Court of Session examines interplay between Article 8 and the Immigration Rules

26 April 2015 by Fraser Simpson

Photo credit: Guardian

This week we welcome to the Blog our new team of commentators on Scottish human rights issues – Fraser Simpson, David Scott and Thomas Raine.

Khan v. The Advocate General for Scotland, [2015] CSIH 29 – read judgment.

A Pakistani national refused leave to remain in the UK after expiry of his visitor visa has had his successful challenge to that decision upheld by Scotland’s civil appeal court, the Inner House of the Court of Session.

The request for leave to remain was initially refused under the Immigration Rules due to a lack of “insurmountable obstacles” preventing Mr Khan from continuing his family life in Pakistan. That decision was reduced (quashed) by the Lord Ordinary – a first-instance judge in the Outer House of the Court of Session – as although the decision had been in accordance with the Immigration Rules, the decision-maker had failed to undertake a proportionality assessment of the decision as required under Article 8 ECHR (read the Outer House judgment here).

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