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| Version 1 | Version 2 |
|---|---|
| Prisoner wins phone rights case | Prisoner wins phone rights case |
| (about 1 hour later) | |
| A convicted criminal has won a legal challenge after he claimed a recorded message on phone calls from prison breached his human rights. | A convicted criminal has won a legal challenge after he claimed a recorded message on phone calls from prison breached his human rights. |
| Stewart Potter, 43, from Glasgow, is serving a 21-year sentence for assault and robbery. | Stewart Potter, 43, from Glasgow, is serving a 21-year sentence for assault and robbery. |
| He claimed the recorded message was "an unnecessary and embarrassing reminder" of where he was phoning from. | He claimed the recorded message was "an unnecessary and embarrassing reminder" of where he was phoning from. |
| A judge at the Court of Session ruled the system was unlawful under the European Convention on Human Rights. | A judge at the Court of Session ruled the system was unlawful under the European Convention on Human Rights. |
| Phone calls made out of prison carry a pre-recorded message that the call is coming from a jail. | Phone calls made out of prison carry a pre-recorded message that the call is coming from a jail. |
| Judge Lord Glennie said this policy was not made with the authority of parliament. | Judge Lord Glennie said this policy was not made with the authority of parliament. |
| If, despite these safeguards, there is perceived to be a risk in a particular case, some form of message, pre-recorded or otherwise, could be attached on a case by case basis Lord Glennie | If, despite these safeguards, there is perceived to be a risk in a particular case, some form of message, pre-recorded or otherwise, could be attached on a case by case basis Lord Glennie |
| He said: "In some societies, it might be regarded as obvious that a person convicted of a criminal offence and sentenced to a period of imprisonment should, for the duration of his imprisonment, be deprived of his civil rights. | He said: "In some societies, it might be regarded as obvious that a person convicted of a criminal offence and sentenced to a period of imprisonment should, for the duration of his imprisonment, be deprived of his civil rights. |
| "Such a notion has no place in our society." said the judge. | "Such a notion has no place in our society." said the judge. |
| Potter has been serving his sentence in HMP Glenochil, Clackmannanshire. | Potter has been serving his sentence in HMP Glenochil, Clackmannanshire. |
| He was jailed for assault and stealing money from a wine shop in the west end of Glasgow in 2001. | He was jailed for assault and stealing money from a wine shop in the west end of Glasgow in 2001. |
| The manageress told the High Court in Glasgow that Potter had foamed at the mouth "like a mad dog" as he held a knife to her throat. | The manageress told the High Court in Glasgow that Potter had foamed at the mouth "like a mad dog" as he held a knife to her throat. |
| Potter challenged the legality of the Scottish Prison Service policy after obtaining legal aid. | Potter challenged the legality of the Scottish Prison Service policy after obtaining legal aid. |
| Potter was jailed for assault and robbery at an off-licence in Glasgow | |
| Aidan O'Neill QC, for Potter, argued that there was no justification for a blanket policy on phone calls. | Aidan O'Neill QC, for Potter, argued that there was no justification for a blanket policy on phone calls. |
| He said measures were in place, including pre-approval of phone numbers, which meant a prisoner could not make calls to victims or others who did not want to receive his calls. | He said measures were in place, including pre-approval of phone numbers, which meant a prisoner could not make calls to victims or others who did not want to receive his calls. |
| Lord Glennie said: "It is accepted that the message constitutes interference with the prisoner's right to respect for family life and correspondence." | Lord Glennie said: "It is accepted that the message constitutes interference with the prisoner's right to respect for family life and correspondence." |
| The judge pointed out examples given in Potter's legal challenge. | The judge pointed out examples given in Potter's legal challenge. |
| He said that if Potter telephoned his children's school, the message would be heard by whoever picked up the telephone. | He said that if Potter telephoned his children's school, the message would be heard by whoever picked up the telephone. |
| When Potter telephones home, the message tells his family and particularly his children of the fact that he is prison. | When Potter telephones home, the message tells his family and particularly his children of the fact that he is prison. |
| The Scottish Prison Service said the message was meant to stop "grooming", prevent former victims of crime being contacted and halt calls to people who had previously been harassed. | The Scottish Prison Service said the message was meant to stop "grooming", prevent former victims of crime being contacted and halt calls to people who had previously been harassed. |
| Such a 'scarlet letter' approach to a vital communication lifeline is unnecessary and harmful William HighamPrison Reform Trust | Such a 'scarlet letter' approach to a vital communication lifeline is unnecessary and harmful William HighamPrison Reform Trust |
| Lord Glennie said that given the safeguards were in place he could see no justification for a blanket policy of pre-recorded messages. | Lord Glennie said that given the safeguards were in place he could see no justification for a blanket policy of pre-recorded messages. |
| "If, despite these safeguards, there is perceived to be a risk in a particular case, some form of message, pre-recorded or otherwise, could be attached on a case by case basis," he added. | "If, despite these safeguards, there is perceived to be a risk in a particular case, some form of message, pre-recorded or otherwise, could be attached on a case by case basis," he added. |
| William Higham, head of policy at the Prison Reform Trust, said: "A recorded message preceding all phone calls from a prison is a very blunt instrument indeed for guarding against potential nuisance calls. | William Higham, head of policy at the Prison Reform Trust, said: "A recorded message preceding all phone calls from a prison is a very blunt instrument indeed for guarding against potential nuisance calls. |
| "Prison is already far too brutally effective at breaking up families and social ties, such a 'scarlet letter' approach to a vital communication lifeline is unnecessary and harmful. | "Prison is already far too brutally effective at breaking up families and social ties, such a 'scarlet letter' approach to a vital communication lifeline is unnecessary and harmful. |
| "The judge is quite right to say that the punishment of prison is loss of liberty and not the destruction of family life." | "The judge is quite right to say that the punishment of prison is loss of liberty and not the destruction of family life." |
| However, political parties criticised the ruling. | |
| 'Laughing stock' | 'Laughing stock' |
| Kenny MacAskill, the SNP's justice spokesman, said: "This is utterly outrageous - people who breach the law must pay the price. | |
| "Hardworking taxpayers' money is being used to fund these legal aid cases. | |
| "Money which could be going to help vulnerable people in need of legal representation. A line needs to be drawn and it needs to be drawn now." | |
| Scottish Conservative leader Annabel Goldie said: "Back in February when we first heard about this, I warned that we would be a laughing stock if this man won his case. | Scottish Conservative leader Annabel Goldie said: "Back in February when we first heard about this, I warned that we would be a laughing stock if this man won his case. |
| "There is a clear issue here - are the rights of the law-abiding majority being served ahead of the rights of a minority who happen to be in jail? It appears not. | "There is a clear issue here - are the rights of the law-abiding majority being served ahead of the rights of a minority who happen to be in jail? It appears not. |
| "Prisoners forfeit a number of rights when they go to jail for their crimes, which should include the ability to dictate on what terms they make a phone call." | "Prisoners forfeit a number of rights when they go to jail for their crimes, which should include the ability to dictate on what terms they make a phone call." |
| A spokesman for the Scottish Prison Service said: "We are aware of the decision and are considering it carefully." | A spokesman for the Scottish Prison Service said: "We are aware of the decision and are considering it carefully." |