Mr. A. v The Scottish Ministers & Another

11 December 2007

The petitioner sought to judicially review the imposition upon him of an indefinite period of notification without provision for review in terms of the Sex Offenders Act 1997, as amended by the Sexual Offences Act 2003, and the Sexual Offences (Scotland) Act 1976. The petitioner sought inter alia declarator that the continued application of the provisions of sections 81 and 82 of the 2003 Act, without the possibility of any review to consider the variation or ending of his obligation to comply with the notification requirements, was incompatible with his right to respect for private and family life in terms of Article 8 of the European Convention on Human Rights. Lord Turnbull refused the petition and held that sections 81 and 82 of the 2003 Act insofar as they applied to the petitioner were compatible with his Article 8 rights. Any interference with the petitioner's Article 8 rights was held to be proportionate and necessary for the protection of the public.

Morag Ross of Axiom Advocates appeared for the petitioner, the Dean of Faculty (Richard Keen) and James Mure (also of Axiom Advocates) appeared for the Scottish Ministers and Mark Lindsay (also of Axiom Advocates) appeared for the Advocate General for Scotland.

http://www.scotcourts.gov.uk/opinions/2007CSOH189.html