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Prisoner – Detention for public protection – Rehabilitation. Court of Session: Refusing a judicial review petition by a petitioner who, following a successful appeal, was transferred from the State Hospital to prison, and was in the post-tariff stage of his detention, his continued detention being justified solely by reference to public protection, the court rejected the contention that the respondents had failed to comply with their duty to provide the petitioner with a reasonable opportunity to rehabilitate himself and to demonstrate that he no longer presented an unacceptable danger to the public.
Prisoner – Detention for public protection – Rehabilitation. Court of Session: Refusing a judicial review petition by a petitioner who, following a successful appeal, was transferred from the State Hospital to prison, and was in the post-tariff stage of his detention, his continued detention being justified solely by reference to public protection, the court rejected the contention that the respondents had failed to comply with their duty to provide the petitioner with a reasonable opportunity to rehabilitate himself and to demonstrate that he no longer presented an unacceptable danger to the public.
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