Prisoner's phone case overturned

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A court ruling banning a warning message on phone calls from prisoners has been overturned by appeal judges.

The recorded announcement was played to enable members of the public to decide whether they wanted to take the call.

Stewart Potter, 43, claimed this breached his human rights and a Court of Session judge ruled in his favour.

But Scotland's senior judge, the Lord President, Lord Hamilton, said that decision was "premature". The case will now be reconsidered.

Lord Hamilton said it would go back to the court for further arguments following the appeal by the Scottish Executive.

The Scottish Prison Service introduced the messages to offer a degree of protection to those receiving phone calls from prisoners.

It is in failing to take into account ... the recipients of phone calls from prisoners that he (Lord Glennie) has, in our view, fallen into error Lord Hamilton

Potter, of Yoker, Glasgow, is serving a total of 21 years at Glenochil prison in Clackmannanshire for assault and robbery.

He claimed the awkwardness and embarrassment caused by the announcement breached his human rights.

At the Court of Session in March this year, Lord Glennie agreed.

In arguing against the decision, Gerry Moynihan, QC for the executive, said Lord Glennie had approached the issue only with the interests of the prisoner in mind.

He said he ignored the legitimate interests of those potentially affected by his actions.

The Lord President, sitting with Lord Nimmo Smith and Sir David Edwards QC, said that Lord Glennie had been mistaken in failing to look at the possibility of human rights breaches for those receiving phone calls from Scottish jails.

No justification

In a decision issued on Tuesday, Lord Hamilton said: "It is in failing to take into account, or failing adequately to take into account, the potential for the infringement of the Convention rights of third parties, namely the recipients of phone calls from prisoners, that he has, in our view, fallen into error."

In making the earlier decision, Lord Glennie said he could see no justification for the blanket policy given other safeguards built into the system for prisoners phoning out.

But Lord Hamilton pointed out that that issue in the action was disputed.

The appeal judges at the Court of Session said they would send the case back to Lord Glennie for further consideration.

Susan O'Brien QC, for Potter, had argued that the original decision should stand.

A spokesman for the Scottish Prison Service welcomed the new ruling.