Case details

McCann (Appellant) v The State Hospital Board for Scotland (Respondent) (Scotland)

Case ID: UKSC 2015/0135

Case summary

  1. Whether the respondent's smoking ban infringed the appellant's rights under art.8 (right to a private life) and art.14 (enjoyment of rights without discrimination) of the ECHR.
  2. 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.

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.

Judgment appealed

[2014] CSIH 71



Charles McCann


The State Hospitals Board for Scotland



Lady Hale, Lord Mance, Lord Wilson, Lord Reed, Lord Hodge

Hearing start date

11 Oct 2016

Hearing finish date

11 Oct 2016

Watch hearing
11 Oct 2016 Morning session Afternoon session