Michael Glancy For Judicial Review
| Jurisdiction | Scotland |
| Judge | Lord Ericht |
| Neutral Citation | [2020] CSOH 1 |
| Docket Number | P509/19 |
| Date | 07 January 2020 |
| Court | Court of Session |
| Published date | 07 January 2020 |
OUTER HOUSE, COURT OF SESSION
[2020] CSOH 1
P509/19
OPINION OF LORD ERICHT
In the petition
MICHAEL GLANCY
Petitioner
for
Judicial Review of the actions of the Scottish Ministers in failing to provide him with
rehabilitation or information about his rehabilitation
Respondents
Petitioner: Leighton; Drummond Miller LLP
Respondents: Ower; Scottish Government Legal Directorate
7 January 2020
Introduction
[1] The petitioner, a convicted prisoner, brought judicial review proceedings seeking the
following orders:
(a) declarator that the respondents’ failure to provide information about when
rehabilitative work might be offered to him was a breach of his convention rights in
terms of article 5 of the European Convention on Human Rights;
(b) declarator that the respondents’ failure to provide rehabilitative work was a
breach of his article 5 rights;
2
(c) declarator that the respondents had failed in their domestic law obligations to
make provision for the rehabilitation of prisoners;
(d) declarator that the respondents had acted irrationally and unfairly in failing
to provide the petitioner with sufficient information about when coursework might
be provided to him;
(e) payment of £10,000 by way of just satisfaction.
Facts
[2] The first day of the substantive hearing proceeded on the basis of various agreed
documents, two affidavits from the petitioner and an affidavit from Angela Holmes, Head of
Psychology for the Scottish Prison Service (“SPS”). The hearing was continued to a second
day to hear oral evidence from Miss Holmes to clarify her affidavit in certain respects. In the
event, there was no significant dispute as to the facts, which I find to be as follows.
Rehabilitative work in prisons
[3] The Scottish Prison Service offers various rehabilitative programmes to prisoners.
The particular programme with which this petition was concerned was the Self-Change
Programme (“SCP”). This is a high intensity cognitive-behaviour programme that aims to
reduce violence in high risk adult male offenders. It is for prisoners with a persistent and
persuasive pattern of violence. It is for violent offenders who present the highest risk and is
used for the top 2% to 5% of offenders in terms of risk.
[4] The SCP is delivered by a team of four consisting of three facilitators and a
Treatment Manager. The maximum group size is eight prisoners. The SCP is an intensive
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