XY v The Scottish Ministers & Ors

THE SCOTTISH MINISTERS, THE LORD ADVOCATE AND THE SECRETARY OF STATE FOR SCOTLAND

The Advocate General: Moynihan, Q.C.; Solicitor to the Advocate General for Scotland

"Breach of Condition 6 of your release licence which requires you 'to be of good behaviour and keep the peace'. You have been charged with offences contrary to section 4(1) of the Misuse of Drugs Act. It is alleged that you have been concerned in the supply of Diamorphine and Cocaine, both Class A drugs. These charges relate to offences allegedly committed over a period that included the time when you have been on licence in the community.

Scottish Ministers consider that this behaviour, when viewed in the context of your offending behaviour, indicates that you present an unacceptable risk to the safety of the public and that it is expedient in the public interest that your licence should be revoked and you should be recalled to custody."

[3 ] The reclaimer challenges the decision of the Scottish Ministers, maintaining that it was ultra vires by virtue of section 57(2) of the Scotland Act 1998. He seeks production and reduction of it and "an order for [his] liberation from custody ... under and in terms of section 47(1) of the Court of Session Act 1988". The basis of that challenge is an allegation that to revoke the reclaimer's licence and to recall him to prison was in contravention of his rights under Article 3 of the First Protocol to the European Convention on Human Rights and Fundamental Freedoms. That Article provides: