Question reference: S6W-24618
- Asked by: Ash Regan, MSP for Edinburgh Eastern, Alba Party
- Date lodged: 18 January 2024
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Current status: Answered by Angela Constance on 26 January 2024
Question
To ask the Scottish Government, in light of reported concerns regarding the indefinite detention of some prisoners in Scotland, whether it is reviewing the application of the Order for Lifelong Restriction introduced in 2008, particularly in relation to reported cases where prisoners sentenced for minor offences have been detained for over 15 years without a release date; what measures are in place to ensure that (a) social workers and (b) psychologists involved in any such cases are accountable for their recommendations and decisions regarding such prisoners, and what steps are being taken to ensure (i) transparency of and (ii) accountability for any decisions affecting such prisoners, particularly in light of the reported removal of courses previously offered to work towards release.
Answer
Orders for Lifelong Restriction (OLRs) are a long-standing valuable sentencing option for courts to use for the most dangerous offenders. The OLR is an exceptional risk based sentence which is only used by the most senior judges in Scotland in the High Court following a risk assessment process carried out by accredited experts.
In order for the High Court to impose an OLR, they must be satisfied on the balance of probabilities that the nature of, or the circumstances of the commission of, the offence of which the convicted person has been found guilty - either in the circumstances themselves or as part of a pattern of behaviour - are such as to demonstrate that there is a likelihood that he or she, if at liberty, will seriously endanger the lives, or physical or psychological well-being, of members of the public at large.
Decisions on the release of OLR prisoners are taken by the Parole Board for Scotland. New rules were introduced last year which require that the latest Risk Management Plan (RMP) or the Risk Assessment Report is available to the Board when consideration is made for the release of a person subject to an OLR. The Board will only direct release when they are satisfied that imprisonment is no longer necessary for the protection of the public but in circumstances where their decision differs from the recommendations in the RMP, they must provide a reason for that decision.
The Risk Management Authority (RMA) have a legislative responsibility around the evaluation and approval of RMPs and can make recommendations around the role of social work and psychologists involved in those cases. The RMA have produced evidence-based Standards and Guidelines for Risk Assessment and Management to support criminal justice partners in consistent risk practice. Last year, they also published extensive research into the Order for Lifelong Restriction sentence, a report which is available on their website, and the Scottish Government continues to reflect on these findings.
Professional standards bodies such as the Scottish Social Services Council sets out national standards of conduct and practice that apply to all social service workers and their employers.
Over the last few years, there have been changes to pilot delivery of two new national offender programmes, an expanded Self-Change programme to address intimate partner violence and sexual offending and a redesigned Moving Forward to Change (MF2C) sex offender programme. It is expected that MF2C will support a greater throughput of prisoners through the programme, optimising access to it.