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Judicial Review of his detention by the Scottish Ministers in conditions in which he is exposed indoors to environmental tobacco smoke.
Introduction [1] The petitioner is a prisoner serving a life sentence at HMP Shotts. He has been detained there since 2004. The punishment part of his sentence will expire in 2023. The respondents are the Scottish Ministers who are responsible for prisons in Scotland. The petitioner seeks a declarator that it is unreasonable and therefore unlawful for the respondents to detain him in conditions in which he is exposed to environmental tobacco smoke (“ETS”).
[2] The effect of the relevant rules and policies, operating in Scottish prisons, is summarised in the petition as follows:
“10. …(Rule 36 of the Prisons and Young Offenders Institutions (Scotland) Rules 2011) provides that prisoners may only smoke in these areas of a prison: (a) in a cell or room in which a single prisoner is accommodated; (b) in a cell or room (i) in which two or more prisoners are accommodated and (ii) has not been designated as a non-smoking one; and (c) in the open air in a place specified in a direction by the respondents.
… since October 2009 the Scottish Prison service has operated a hall in HM Young Offenders Institution Polmont in which only non-smokers are eligible to be detained. It operates areas in HM Prison Cornton Vale that it designates as non-smoking areas.
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