Unlike the fantastic Amy Winehouse track, in the case that I’ll discuss shortly, it was the prisoner who wanted to go to rehab. His perception that the Prison Service had said “no” was the basis of a petition for judicial review.
Yes, we’re barely into 2020 and the human rights’ bandwagon for prisoners rolls on yet again.
Last month, I wrote two Blogs about petitions for judicial review submitted by prisoners to the Court of Session in respect of Article 8 of the European Convention on Human Rights (i.e. the right to family and private life). Both applications were unsuccessful (see William Frederick Ian Beggs v The Scottish Ministers  CSOH 95; and Petition of David Gilday for Judicial Review of the actions of the Scottish Ministers  CSOH 103).
The Scottish Government (or Ministers) are legally obligated in terms of both the Scotland Act 1998 and the Human Rights Act 1998 to ensure that public bodies and agencies comply with the State’s obligations under the European Convention on Human Rights. Regular readers of this Blog site will be very familiar with this state of affairs.
In a recent case before the Lord Ericht in the Court of Session, a third inmate of one of Her Majesty’s penal institutions fared no better than his fellow hoodlums when he raised a claim for damages of £10,000.
In the Petition: Michael Glancy for Judicial Review of the actions of Scottish Ministers , Michael Glancy [the prisoner] claimed that the alleged failure by the Scottish Prison Service to provide him with proper rehabilitation opportunities represented a breach of his right to liberty in terms of Article 5 of the European Convention on Human Rights. In essence, Glancy was arguing that the lack of such opportunities was in effect turning his imprisonment into an ongoing period of arbitrary detention with very little prospect of him meeting Parole Board criteria for his release on licence.
The background to the prisoner’s circumstances were as follows:
“In June 2015, at the High Court in Edinburgh, the petitioner was sentenced to a period of imprisonment of 4 years with an extension period of 2 years. He had been convicted of assault to injury, two charges of assault, a contravention of the Criminal Law (Consolidation) (Scotland) Act 1995, section 52 (vandalism), two charges of assault (domestic) and assault to injury, permanent disfigurement and danger of life. The petitioner had had previous convictions …”
At a Parole Board Hearing in 2016, it was noted that:
“In light of the current circumstances, behaviour and attitude of Mr Glancy it is not possible to positively recommend his release on licence. It would appear that he is so engaged in extreme, violent and anti-authority type behaviour there is no possibility of his risk being managed in the community subject to licence conditions.
There are significant concerns as to how Mr Glancy will be managed in the community, not least where he will live.”
Glancy’s main bone of contention seems to have centred around his belief that he was denied the opportunity to participate in the Self-Change Programme (“SCP”).
As Lord Ericht noted:
“This [SCP] 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.”
While serving his sentence, Glancy had refused certain opportunities to address his criminal offending and, furthermore, he had been the subject of 13 misconduct reports (overwhelmingly connected with fighting and assault). As Lord Ericht observed [at paragraph 50] it was the repeated failures of Glancy to engage with meaningful offers of rehabilitation during his periods of incarceration that led to his exclusion from SCP.
In dismissing Glancy’s Petition, Lord Ericht made the following observations:
“Moreover I find that the respondents have not failed to provide information about when rehabilitative work might be offered in terms of article 5, or acted irrationally in failing to provide him with this. The minutes of the various case management meetings show that there was extensive discussion with the petitioner throughout the period of his incarceration about the courses available to him. In response to his complaint, the prisoner was informed that the SCP course for non-protection prisoners was not running at that time but he would be notified of the date of the course applicable for his category of prisoner. No date for such a course has since been fixed.”
A link to Lord Ericht’s Opinion in respect of Glancy’s Petition can be found below:
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Copyright Seán J Crossan, 24 January 2020