A Scottish Court has ruled that the duty to afford prisoners reasonable opportunities for rehabilitation under Article 5 of the European Convention on Human Rights (ECHR) does not extend to local authorities.
This duty was primarily recognised by the UK Supreme Court in R (on the application Haney and Others) v. The Secretary of State for Justice, which confirmed the relevant governmental authorities have a duty to provide reasonable access for prisoners to rehabilitative programmes or courses in the event that the State attempts to justify continued detention under Article 5(1)(a).
In the Ansari case, the prisoner claimed Aberdeen City Council and the Scottish Government had failed in their duty to provide him with opportunities to rehabilitate himself and provide adequate opportunity for him to confirm he no longer posed a substantial risk to the public. Mr Ansari argued the Council had failed in their duty due to the fact they had imposed extensive supervision over him which undermined his chance to prove he should no longer be considered a risk. Additionally, they failed to accommodate any temporary release due to the fact the address offered by him was considered ‘inappropriate’ and no viable alternative was offered by the Council as per their duties under Part II, Housing (Scotland) Act 1987.
The judicial review, heard by Lord Glennie, was tasked with determining whether the duties detailed in Haney extended to the prisoner’s local council. It was put forward by Ansari that the local authority, by virtue of s.6 of the Human Rights Act 1998 which imposes duty upon the ‘State’, could be held liable for its failure under Art.5(1)(a). However Aberdeen City Council rejected any liability, claiming the duty arising from Haney only applies to bodies responsible for imprisonment and detention. Therefore, due to the fact they were not responsible for the confinement or release of Ansari, they could not be subjected to the duties of Article 5.
Lord Glennie ultimately concluded that the duties imposed by Article 5 could not be viewed to incorporate local councils, which have no authority or power regarding the custody of a prisoner. Duties under the Housing (Scotland) Act 1987 could be challenged separately, however they were completely independent of claims for purported failure to provide rehabilitation opportunities.
Click here for the Ansari judgment.
Click here for the Haney judgment.
Click here for the Human Rights Act 1998.