Man awarded £3,300 after SCTS error led to week in Barlinnie

Duncan Welsh was imprisoned in HMP Barlinnie between December 6 and December 13, 2023 after an error by court officials meant a grant of bail was wrongly recorded as a refusal.

Edinburgh Sheriff Court heard that Welsh, who has a “lengthy” criminal record, appeared in private before a sheriff in Glasgow on December 6 after being detained in connection with a petition matter, a procedure used for serious alleged offences. Although the sheriff granted bail, the court minutes incorrectly stated that bail had been refused, leading to Welsh being remanded in custody.

He remained in prison until the mistake was identified and corrected.

He subsequently raised an action for damages at Edinburgh Sheriff Court. The Scottish Courts and Tribunals Service admitted the error and accepted that his wrongful detention breached his human rights.

In a written judgment published on Thursday, Sheriff Fergus Thomson noted Welsh’s extensive experience of custody, both before and after the incident, and said this was relevant to the level of compensation.

He wrote: “The pursuer was wrongly detained for a period of seven days. It is accepted that he suffered no element of initial shock. He had not been wrongly arrested. His initial, short period of custody had not been unlawful. His circumstances were such that he was wholly familiar with the custodial setting.

“In detaining the pursuer, the defender acted unlawfully in a manner incompatible with a Convention right. The pursuer having suffered loss and damage, it is just and appropriate to award him damages and necessary to do so to afford just satisfaction.

“Having taken into account the principles applied by the European Court of Human Rights in relation to an award of compensation, an award of £3,325 is appropriate.”