Shahid v Scottish Ministers

The appellant in this case was convicted of the racially-aggravated abduction and murder of a 15 year old boy, and was sentenced to imprisonment. He was remanded in custody pending trial, and was segregated from the general prison population for the first time on 7 October 2005. He remained in segregation for almost five years. The appellant sought judicial review of the decision to keep him in segregation, arguing that it was unlawful and violated his rights under the European Convention on Human Rights. The Scottish Ministers accepted that the nature of the crime did not justify the violation of the appellant’s Convention rights. The appeal was heard by the Supreme Court, which found in favour of the appellant. The court found that the appellant’s segregation was unlawful because it was not in accordance with the Prison Rules, which required the Scottish Ministers to grant authority for continued segregation within 72 hours of the initial order. The court also found that the appellant’s segregation violated his Convention rights under article 8, as it was not proportionate and there was no meaningful plan for his integration into the mainstream. The court granted a declarator that the appellant’s segregation was unlawful and violated his Convention rights, and found the appellant entitled to the costs of the appeal.