The Weekly Law Reports
[2017] 1 WLR 1455
Supreme Court
*McCann v State Hospitals Board for Scotland
[2017] UKSC 31
2016 Oct 11;
2017 April 11
Baroness Hale of Richmond DPSC, Lord Mance, Lord Wilson, Lord Reed, Lord Hodge JJSC
Human rights— Respect for private life— Smoking ban— Scottish state hospital introducing comprehensive ban on smoking— Ban extending to hospital grounds and home visits— Supporting measures prohibiting possession of tobacco products in hospital grounds and establishing procedures for searching patients and visitors for and confiscating such products— Detained patient seeking judicial review of extent of ban and supporting measures— Whether complying with statutory requirements— Whether breaching Convention rights to respect for private life and non-discrimination—
National Health Service (Scotland) Act 1978 (c 29), s 102(4)
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 14
—
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss 1, 286
—
Mental Health (Safety and Security) (Scotland) Regulations 2005 (SSI 2005/464), regs 2, 4, 5
Scotland— Mental disorder— Detained patient— Scottish state hospital introducing comprehensive ban on smoking— Ban extending to hospital grounds and home visits— Supporting measures prohibiting possession of tobacco products in hospital grounds and establishing procedures for searching patients and visitors for and confiscating such products— Detained patient seeking judicial review of extent of ban and supporting measures— Whether complying with statutory requirements—
National Health Service (Scotland) Act 1978, s 102(4)
—
Mental Health (Care and Treatment) (Scotland) Act 2003, ss 1, 286
—
Mental Health (Safety and Security) (Scotland) Regulations 2005, regs 2, 4, 5