AB against The Scottish Ministers
| Jurisdiction | Scotland |
| Court | Court of Session |
| Judge | Lady Ross |
| Judgment Date | 29 August 2025 |
| Neutral Citation | [2025] CSOH 82 |
| Date | 29 August 2025 |
| Published date | 29 August 2025 |
| Docket Number | P1038/24 |
OUTER HOUSE, COURT OF SESSION
[2025] CSOH 82
P1038/24
OPINION OF LADY ROSS
in Petition of
AB
Petitioner
against
THE SCOTTISH MINISTERS
Respondents
Petitioner: Mr D N Leighton; Drummond Miller LLP
Respondents: Mr D Blair; SGLD
29 August 2025
[1] The petitioner is a prisoner who is subject to an extended sentence, comprising
a custodial term of 9 years and an extension period of 3 years. The sentence began on
14 August 2015. He was released on licence on 13 August 2021. Following a breach of his
licence conditions and a recommendation of the Parole Board for Scotland, he was recalled
to custody on 1 September 2022. The custodial part of the petitioner’s sentence expired on
13 August 2024. The extended part of the petitioner’s sentence will expire on 13 August
2027. The petitioner contends that the Scottish Ministers, the respondents, have failed to
provide him with the rehabilitative opportunities that would give him the prospect of being
released on licence, and he argues that, as a result, there is a breach of his rights under
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
2 cases
-
Petition of JH against The Scottish Ministers
...being recalled to prison is a factor to be taken into account, not only when assessing whether his detention is arbitrary (AB v The Scottish Ministers [2025] CSOH 82, Lady Ross, at paragraphs 37-39), but also when considering whether the respondents have acted reasonably. In all the circums......
-
Petition of JH against The Scottish Ministers
...being recalled to prison is a factor to be taken into account, not only when assessing whether his detention is arbitrary (AB v The Scottish Ministers [2025] CSOH 82, Lady Ross, at paragraphs 37-39), but also when considering whether the respondents have acted reasonably. In all the circums......
