Telephone Message

In the case of Potter v Scottish Ministers a challenge was stated to the addition to every outgoing message from a prison in Scotland that the call was emanating from a prison.  It was argued that this constituted a breach of article 8 of the European Convention of Human Rights.

Lord Glennie held initially that enabling power under the Prison (Scotland) Act 1989 did not provide sufficient authority for the addition of the message.  Read his judgment here.

The Inner House reversed that decision stating that the rights of persons for whom the message was introduced to protect should be taken into account.  Read their decision here.

The matter was remitted back to the Lord Ordinary in the Outer House of the Court of Session.  In the course of January 2010 a proof (hearing on evidence and submissions on law) before Lord Matthews.

On 6th July 2010 Lord Matthews refused to uphold the challenge and dismissed the petition.  Read his judgement here.

The decision has been appealed to the Inner House of the Court of Session

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