News In Focus
9 February 2007
Another human rights challenge for prison service
A Scottish prisoner is challenging the recorded phone message that precedes all calls made by those in prison.
In the Court of Session yesterday Stewart Potter, 43, opened a judicial review hearing to challenge what he sees as a breach of his human rights when making phone calls from Glenochil Prison. Since 2004, all calls by prisoners in Scotland begin with a recorded message advising the recipient that the call comes from a Scottish prison, that it may be monitored, and that they should hang up if they do not wish to receive the call.
Mr Potter, who is currently serving a 21-year sentence for armed robbery, claims the message is an embarrassing reminder to his family that he is calling from prison. His counsel, Aidan O'Neill QC, argued that people were alerted to the fact that he was in prison when that was irrelevant to the call, and that the call might be picked up by someone for whom it was not intended.
The Executive and the Prison Service maintain that the message provides a safeguard for victims or witnesses, and does not otherwise interfere with the call.
A decision in the petition, which is being treated as a test case, is not expected before the summer.