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  4. Faculty questions OLR effects of auto-release changes

Faculty questions OLR effects of auto-release changes

23rd January 2015 | criminal law

Ending the automatic early release of prisoners will affect cases where a judge is considering a non-mandatory life sentence, the Faculty of Advocates has submitted to MSPs.

The Faculty has given its written evidence on the Prisoners (Control of Release) (Scotland) Bill, under sex offenders serving four years or more, and others serving 10 years or more, would no longer be freed automatically after two-thirds of their sentence.

In its submission, Faculty explains that when examining the option of an order for lifelong restriction (OLR), a judge must look forward and assess whether there is a likelihood that the person, at the time of release if not subject to an OLR, would seriously endanger the public.

It believes the provisions would have a bearing on a judge’s assessment in OLR cases of the likelihood of serious endangerment.

“In deciding whether or not to impose an OLR, a sentencing judge, dealing with a case to which the provisions of the bill applied, would have to consider what bearing, if any, the later notional release date of the offender may have on the likelihood of endangerment posed by the offender upon release”, it comments.

There would also be an increased workload for the Parole Board, due to additional casework meetings for those prisoners not released after serving two thirds of their sentence who previously would have been released automatically.

Click here to view the Faculty response.

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