Lifelong restriction orders arrive as disposal

High-risk offenders to be subject to personal risk management plans

News, 19 June 2006

High Court judges in Scotland will be able to place the most serious violent and sexual offenders on an order for lifelong restriction (OLR) from tomorrow (20 June).

OLR offenders will serve prison sentences - with minimum punishment parts - as before, but will also be subject to a lifelong risk management plan that will be revised and updated as needed to reflect the individual offender's risk.

The risk management plan will be modified and adapted to reflect the offender's risk and needs throughout his lifetime, whether he is in custody or on licence in the community. The agencies responsible for the offender during the various stages of the sentence will contribute to the plan and be responsible for implementing it.

The plan will be drawn up by the Scottish Prison Service when the offender is in custody, and reviewed and changed as required during the time he is in prison. If the offender is released on life licence, responsibility for the plan will transfer to the local authority who will be responsible for supervising the offender in the community.

The Risk Management Authority, a new non-departmental public body based in Paisley, will approve each plan and any variations. It will also accredit the risk assessors that the court will appoint to undertake the assessments during the court process to establish whether the offender meets the criteria for an OLR.

The introduction of the order for lifelong restriction completes the high-risk offender strategy recommended by the MacLean Committee, which looked at the treatment of serious violent and sexual offenders. It was legislated for in the Criminal Justice (Scotland) Act 2003.

Justice Minister Cathy Jamieson said: "Serious criminals - especially the small but worrying number of individuals who are convicted of serious violent or sexual crimes - deserve serious jail time for their crimes. This valuable new disposal will target this handful of very high risk offenders. It will ensure that not only are they punished with a life sentence but that their risk is closely assessed and managed for their entire lifetime."