{"id":683223,"date":"2026-01-08T23:05:12","date_gmt":"2026-01-08T23:05:12","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/683223\/"},"modified":"2026-01-08T23:05:12","modified_gmt":"2026-01-08T23:05:12","slug":"man-sent-to-barlinnie-after-court-clerk-error-awarded-3000-in-compensation","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/683223\/","title":{"rendered":"Man sent to Barlinnie after court clerk error awarded \u00a33,000 in compensation"},"content":{"rendered":"

A man has been awarded over \u00a33,300 after a court clerk\u2019s error resulted in him being wrongfully imprisoned for a week.<\/strong><\/p>\n

Duncan Welsh, who has a \u201clengthy\u201d criminal record, was sent to HMP Barlinnie in Glasgow between December 6 and December 13, 2023.\u00a0<\/p>\n

Edinburgh Sheriff Court heard how Welsh appeared in private before a sheriff in Glasgow on December 6 after being detained in connection with a \u201cpetition matter\u201d \u2013 a legal expression given to alleged serious offences.\u00a0<\/p>\n

The sheriff granted Welsh bail, but an official mistakenly recorded in the court minutes that a bail request had been refused, and he was remanded in custody.\u00a0<\/p>\n

This resulted in Welsh being wrongfully detained in custody until other officials realised the error.<\/p>\n

Welsh instructed lawyers to seek compensation for him at the Edinburgh Sheriff Court.\u00a0<\/p>\n

Bosses at the Scottish Courts and Tribunal Services admitted making the error and breaching Welsh\u2019s human rights in how he was wrongfully detained.\u00a0<\/p>\n

Lawyers for both Welsh and the Scottish Courts and Tribunals Service addressed Sheriff Fergus Thomson at proceedings in Edinburgh Sheriff Court last year.\u00a0<\/p>\n

In a written judgement published on Thursday, Sheriff Thomson said that Welsh had a \u201clengthy record of periods of detention, both before and after the events of December 2023\u2033.<\/p>\n

He concluded that this should be reflected in how much he should receive in compensation.\u00a0<\/p>\n

Sheriff Thomson wrote: \u201cThe pursuer was wrongly detained for a period of seven days. It is accepted that he suffered no element of initial shock.\u00a0<\/p>\n

\u201cHe 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.<\/p>\n

\u201cIn detaining the pursuer, the defender acted unlawfully in a manner incompatible with a Convention right.<\/p>\n

\u201cThe pursuer having suffered loss and damage, it is just and appropriate to award him damages and necessary to do so to afford just satisfaction.<\/p>\n

\u201cHaving taken into account the principles applied by the European Court of Human Rights in relation to an award of compensation, an award of \u00a33,325 is appropriate.\u201d<\/p>\n

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