Convict sues Executive over "embarrassing" phone warning

#1
here
The Scotsman said:
Convict takes Executive to court over 'embarrassing' telephone warning
JOHN ROBERTSON AND STEPHEN MCGINTY

A SERIAL offender serving 21 years in jail is spearheading the latest legal challenge for prisoners' rights in Scotland - complaining that outgoing telephone calls carry a pre-recorded warning.

After a lengthy battle to secure thousands of pounds in legal aid, Stewart Potter, 43, has taken a case to the Court of Session in Edinburgh, claiming the phone message "is an ... embarrassing reminder to his family" that he is calling from prison.


The message - introduced in 1999 and rolled out to all jails in 2004 - states: "This call originates from a Scottish prison. It will be logged and may be recorded and/or monitored. If you do not wish to accept this call, please hang up."

Potter, whose latest offence involved holding a knife at the throat of a shop manageress, says his human rights are being breached by the message which causes "an additional level of discomfort" for him in his dealings with the outside world.

The Scottish Executive has suffered two defeats in recent court cases concerning prisoners - on slopping-out and voting - and ministers are themselves invoking the European Convention on Human Rights (ECHR) to try to avoid an unwanted hat-trick.

They maintain that people such as the victims of prisoners have a right to the protection the telephone message can provide against unwanted nuisance calls.

The case opened yesterday, but it is likely to be the summer before a judgment is delivered.

Potter, of Yoker, Glasgow, has served previous sentences of four, six and eight years and was given a nine-year term in 2001 for armed robbery.

In 2002, he stood trial for another robbery, committed just before the nine-year sentence had been imposed.

In that case, he threatened the manageress of a Glasgow off- licence with a knife, then ordered her and a customer into a toilet. He fled with £292 but was arrested after police used CS gas spray to disarm him.

He was jailed for 12 years, to begin at the end of the nine-year sentence.

In the Court of Session action, Potter, currently in Glenochil prison, is asking for a ruling that imposing the message on his outgoing calls is incompatible with his rights under the ECHR, and is unlawful.

Aidan O'Neill, QC, for Potter, said there had been several complaints to the prisons ombudsman, and a number of inmates had sought legal aid to challenge the message in court. Legal aid was finally granted to Potter in August last year, and his petition was to be treated as a test case.

Article 8 of the ECHR decrees: "Everyone has the right to respect for his private and family life, his home and his correspondence." In Potter's petition, it is alleged that the pre-recorded message interferes with his private and family life and, in particular, with his ability to communicate with his family.

People he had called, such as his children's school and social workers, were alerted to the fact he was in prison when that information was irrelevant, the petition says, adding: "It is very important for him to try to maintain contact with his family and friends while in prison. If he were to call a friend or relative at work, he might embarrass them if the call were to be picked up by their colleagues unaware of the fact that the friend or relative knew somebody in prison."

The Executive argues that the message "does not intrude into the substance of the prisoner's telephone call". Cathy Jamieson, the justice minister, has advised parliament that the prison service believes it provides "victims or vulnerable witnesses with some safeguard against unwanted calls".

Kenny MacAskill, the SNP's justice spokesman, last night described the case as "utterly ludicrous".

He said: "These litigations must cease or must be funded by the prisoners themselves or those who wish to benefit from the case."
 
#2
As the SNP comment implied, the real problem here is the availability of legal aid for civil cases of dubious merit. I thought allowing no win no fee was supposed to stop this.

How much compensation do you think every jailbird in Scotland will get if, by some miracle, he wins?
 
#3
Easy solution.

Take his phone calls away. Then his family won't have an 'emabarrassing reminder'.

Maybe the warders should hold a knife to his throat and see if he feels his human rights have been infringed.

Totally agree he should fund the case himself. Or another way to do it would be for him to study for a law degree whilst in the clink and represent himself.
 
#4
If I had my way the message would be "The person on the other end of this phone is a convict serving time for crimes against society, and therefore has no rights, no privelages and no chance of using a phone to contact the outside world...in fact he/she is dead to you until said debt to scoiety is paid. Goodbye."

Cnuts!
 
#5
rockape34 said:
here
The Scotsman said:
Convict takes Executive to court over 'embarrassing' telephone warning
JOHN ROBERTSON AND STEPHEN MCGINTY

A SERIAL offender serving 21 years in jail is spearheading the latest legal challenge for prisoners' rights in Scotland - complaining that outgoing telephone calls carry a pre-recorded warning.

After a lengthy battle to secure thousands of pounds in legal aid, Stewart Potter, 43, has taken a case to the Court of Session in Edinburgh, claiming the phone message "is an ... embarrassing reminder to his family" that he is calling from prison.


The message - introduced in 1999 and rolled out to all jails in 2004 - states: "This call originates from a Scottish prison. It will be logged and may be recorded and/or monitored. If you do not wish to accept this call, please hang up."

Potter, whose latest offence involved holding a knife at the throat of a shop manageress, says his human rights are being breached by the message which causes "an additional level of discomfort" for him in his dealings with the outside world.

The Scottish Executive has suffered two defeats in recent court cases concerning prisoners - on slopping-out and voting - and ministers are themselves invoking the European Convention on Human Rights (ECHR) to try to avoid an unwanted hat-trick.

They maintain that people such as the victims of prisoners have a right to the protection the telephone message can provide against unwanted nuisance calls.

The case opened yesterday, but it is likely to be the summer before a judgment is delivered.

Potter, of Yoker, Glasgow, has served previous sentences of four, six and eight years and was given a nine-year term in 2001 for armed robbery.

In 2002, he stood trial for another robbery, committed just before the nine-year sentence had been imposed.

In that case, he threatened the manageress of a Glasgow off- licence with a knife, then ordered her and a customer into a toilet. He fled with £292 but was arrested after police used CS gas spray to disarm him.

He was jailed for 12 years, to begin at the end of the nine-year sentence.

In the Court of Session action, Potter, currently in Glenochil prison, is asking for a ruling that imposing the message on his outgoing calls is incompatible with his rights under the ECHR, and is unlawful.

Aidan O'Neill, QC, for Potter, said there had been several complaints to the prisons ombudsman, and a number of inmates had sought legal aid to challenge the message in court. Legal aid was finally granted to Potter in August last year, and his petition was to be treated as a test case.

Article 8 of the ECHR decrees: "Everyone has the right to respect for his private and family life, his home and his correspondence." In Potter's petition, it is alleged that the pre-recorded message interferes with his private and family life and, in particular, with his ability to communicate with his family.

People he had called, such as his children's school and social workers, were alerted to the fact he was in prison when that information was irrelevant, the petition says, adding: "It is very important for him to try to maintain contact with his family and friends while in prison. If he were to call a friend or relative at work, he might embarrass them if the call were to be picked up by their colleagues unaware of the fact that the friend or relative knew somebody in prison."
The Executive argues that the message "does not intrude into the substance of the prisoner's telephone call". Cathy Jamieson, the justice minister, has advised parliament that the prison service believes it provides "victims or vulnerable witnesses with some safeguard against unwanted calls".

Kenny MacAskill, the SNP's justice spokesman, last night described the case as "utterly ludicrous".

He said: "These litigations must cease or must be funded by the prisoners themselves or those who wish to benefit from the case."
Don't see the problem. His friend or relative only needs to say" Oh that was Stewart Potter - he is a friend/relative (delete as applicable) who is nearly as big a fcuking O2 thief as his fcuking lawyer Aidan O'Neill. He was just phoning up to tell me that he now realises the great majority of people in the Country are hacked off with slimeballs such as him and his lawyer and under the provisions of the new Anti-Parasite Legislation they are being taken out behind the sh1thouse and topped."! :frustrated:

Rant Over

I'm off to the Bar.
 
#6
The Lord Flasheart said:
Easy solution.

Take his phone calls away. Then his family won't have an 'emabarrassing reminder'.

Maybe the warders should hold a knife to his throat and see if he feels his human rights have been infringed.

Totally agree he should fund the case himself. Or another way to do it would be for him to study for a law degree whilst in the clink and represent himself.
They should take all these luxury's away from these convicts why should tax payers have to fund this .
Its disgusting its like living in a hotel they get better treatment than there victims
 
#7
warrant said:
The Lord Flasheart said:
Easy solution.

Take his phone calls away. Then his family won't have an 'emabarrassing reminder'.

Maybe the warders should hold a knife to his throat and see if he feels his human rights have been infringed.

Totally agree he should fund the case himself. Or another way to do it would be for him to study for a law degree whilst in the clink and represent himself.
They should take all these luxury's away from these convicts why should tax payers have to fund this .
Its disgusting its like living in a hotel they get better treatment than there victims
They are certainly living in better conditions than you, chubby.

Having seen the pics of your slum, if I was you, you should try and get yourself banged up.

Having said that, you should be sectioned under the Mental Health act for being a cunt.
 
#8
I was going to bite, but after working with scum like this for 12 years my 'give a fcuk o meter' seems to be u/s. Just another case of taxpayers money being used to ensure a prisoners rights are maitained whilke those of the victims are ignored. Yet another case of a lack of contact counselling...

The only good bit of news in all of this was:

He was jailed for 12 years, to begin at the end of the nine-year sentence.
Consecutive sentences are almost unheard of these days. Whether he wins this or not, he'll still not be out for a number of years :thumleft:
 
#9
Slightly off topic, but i like the way these coppers are opperating

Linky
 
#10
Social_Handgrenade said:
Slightly off topic, but i like the way these coppers are opperating

Linky
"YOU'RE nicked" - those are the first words that some convicted criminals will hear when they are released from prison under a new scheme run by York police.
this is balls, gate arrests have been happening for years, these fcukers are well behind the rest :shakefist:

but this did make me LMAO:

It is being run by the police's Catch And Convict unit, which is made up of 12 officers
catching? what, when they're already in prison!

All 12 of them, what are the rest of the constabulary doing...eating do'hnuts?

Or just picking on motorists...
 
#11
FFS mate give em a chance, it's Yorkshire... we only just got electric :cyclopsani:
 
#12
Its cases like these that make me wish we had the death penalty - if they'd hanged him he can't sue - & as for human rights - he should have none - hope he enjoys being a w@nker
 
#13
In a spirit of pure enquiry, I put this to you...

What would happen if the government were just to ignore HRA rulings? I mean, if a judge said "this is unlawful", and the Home Office just turned around and said "So?", what would happen?

I don't pretend to understand the details, but if I'm right, violations of the ECHR aren't crimes as such, so you can't be arrested for them.

So what's to stop a hypothetical governement with balls giving penarses like this the finger?
 
#14
will rockape and arrse be sued by this fuckhead for reminding everyone what a violent bellend (and sensitive) he is. no doubts he would see this site as he will have internet , ps2 and all the rest of the stuff in his cell.
 
#15
usmarox said:
In a spirit of pure enquiry, I put this to you...

What would happen if the government were just to ignore HRA rulings? I mean, if a judge said "this is unlawful", and the Home Office just turned around and said "So?", what would happen?

I don't pretend to understand the details, but if I'm right, violations of the ECHR aren't crimes as such, so you can't be arrested for them.

So what's to stop a hypothetical governement with balls giving penarses like this the finger?
I think this has already happened. Something to do with toilets in cells. The government pays regular fines rather than comply with the ruling. Bear in mind though - the cash goes straight back into the treasury coffers.
 
#16
All prisons should be run along the lines of the film 'The Hill' with Sean Connery and Harry Andrews as the RSM.

Queers would be beaten to death, fat cnuts would be made to be slimmer and general discipline would be kept due to basic core values and a liberal sprinkling of running up a feck off big lump of sand with full kit.

I don't agree with the attempted coup d’état by the oiks but you get the general idea if you've seen the film.
 

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