The Scottish Government

HIGH RISK OFFENDERS

Following the recommendation of the Expert Panel on Sex Offending (the Cosgrove Report) and the Report of the Committee on Serious Violent and Sexual Offenders, chaired by Lord MacLean, Part 1 of the Criminal Justice (Scotland) Act 2003 introduces new provisions for the sentencing and treatment of serious violent and sexual offenders who may present a continuing danger to the public.

The Act establishes the Risk Management Authority and creates a new sentence for the High Court, the Order for Lifelong Restriction (OLR), and creates special procedures for risk assessment leading up to the making of an OLR. It also sets out requirements for the preparation, implementation and updating of Risk Management Plans.

The OLR will be available to the High Court as a disposal for offenders convicted of a serious violent or sexual offence where risk criteria are met.

The need for the New Sentence :

• The MacLean Committee found that at present an offender who may be regarded as high risk can be sentenced to either a discretionary life sentence or a long determinate sentence. The level of risk assessment and post release supervision is therefore variable.
• The MacLean Committee concluded that while the present range of disposals available to the courts is adequate for most offenders, it is deficient for a small number of the highest risk offenders.
• This is because there is no sentence which requires the courts to impose, in exceptional circumstances, a sentence which as well as marking the gravity of the offence provides for an appropriate level of public protection.

• The OLR achieves that objective and provides a framework under which a high risk offender can have their risk assessed and managed as required for the duration of their life, thus enhancing public safety.