Supreme Court to hand down judgment in smoking ban case

The Supreme Court will hand down its judgment in McCann (Appellant) v The State Hospitals Board for Scotland (Respondent) – UKSC 2015/0135 on Tuesday 11 April.

On appeal from the Inner House of the Court of Session.

The appellant sufferers from a mental disorder. In December 1995 after being charged with low grade offences he was detained in the State Hospital pursuant to orders under the Criminal Procedure (Scotland) Act 1975.

Throughout his detention the appellant consistently desired to smoke and did so when able. However, on 25 August 2011, after a series of consultations, the respondent decided to implement a comprehensive smoking ban at the State Hospital commencing on 1 December 2011.

The issues in this case are whether the respondent’s smoking ban infringed the appellant’s rights under Article 8 (right to a private life) and Article 14 (enjoyment of rights without discrimination) of the ECHR. Additionally whether the smoking ban needed to comply, and did comply, with the principles set out in s.1 of the Mental Health (Care and Treatment) (Scotland) Act 2003, which include the patient’s wishes and feelings.