Article 2 Claims We have a limited amount of time to talk to you today, but in the time we do have, I thought I would pose 4 questions about Article 2 claims that I thought might be of interest. What is Article 2? What circumstances might give rise to a claim under Article 2? […]
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Shelagh McCall QC writes on Reverse burdens and the presumption of innocence
In the recent case of Urquhart v HMA [2015] HCJAC 101, the Appeal Court held that the reverse burden placed on an accused by section 38(2) of the Criminal Justice and Licensing (Scotland) Act 2010 is an evidential, not a legal, one. Mr Urquhart was convicted of contravening section 38(1) by shouting, swearing and brandishing […]
Shahid v Scottish Ministers 2015 SLT 707
On 14 October 2015, the Supreme Court decided that the Scottish prison authorities had acted unlawfully in holding the appellant in solitary confinement, also known as segregation, for almost five years. Rule 94 of the Prisons and Young Offenders Institutions (Scotland) Rules 2006 gave the prison authorities the power to segregate. Rule 94(1) provided that […]
