On appeal from: [2014] CSIH 18A.

The appellant prisoner spent 56 months in segregation. It was considered that the appellant and his co-accused were liable to attack by other prisoners, and there were persistent fears for their safety if accommodated in mainstream conditions.

Held: the Supreme Court unanimously allowed the appeal, granting a declarator: that the appellant was segregated unlawfully during three separate periods, as the authorisation requirements in the Prisons and Young Offenders Institution (Scotland) Rules 2006 were not complied with; and that his ECHR, art 8 rights were violated, as during the periods in which the appellant was segregated without valid authorisation, his segregation was not in accordance with the law. In addition, the Scottish Ministers failed to establish that the appellant’s segregation for the entire period was proportionate. However and furthermore, whilst the duration of his segregation was undesirable, and the conditions could have been improved, the appellant’s segregation did not attain the minimum level of severity required for a violation of ECHR, art 3.

For judgment, please download: [2015] UKSC 58
For Court’s press summary, please download: Court’s Press Summary

To watch the hearing, please visit: Supreme Court website (18 Feb 2015 morning session) and (18 Feb 2015 afternoon session)