Back to top
News In Focus

Sheriff unable to impose ban on rapist

9 January 2008

Campaigners have called for changes in the law after a sheriff found himself unable to ban a rapist "at a very high risk of reoffending" from being alone with young girls.

David McMillan was in Perth Sheriff Court yesterday after having breached a tagging order to stay at home at night, imposed after he had served part of a jail sentence for propositioning a 13-year-old girl.

Sheriff Robert McCreadie at Perth Sheriff Court would have imposed restrictions on McMillan's movements to prevent contact with children, but because he was not in court for a relevant offence and Tayside Police had not applied for a sexual offences prevention order, which could have achieved this objective, he had no power to act.

McMillan is already on the sex offenders' register for life after raping a 73-year-old woman in 1996. He was returned to jail for breaching the tagging order and will be released on 22 February.

Tayside Police said it would now consider applying for a sexual offences prevention order for McMillan.

Sandy Brindley of Rape Crisis Scotland said the organisation was concerned that a sheriff could not impose the order himself in such circumstances and that this should be addressed.