Anorder for lifelong restriction is asentence that can be imposed by ajudge of theHigh Court of Justiciary of Scotland on seriousviolent andsexual offenders inScotland. Such an order is anindeterminate sentence that will see theconvict subject to indefinite imprisonment and supervision byelectronic monitoring for the rest of their lives. An offender will only bereleased on licence where it is determined that the risks posed to the community can be correctly and safely managed.
Orders for lifelong restriction were implemented by the Criminal Justice (Scotland) Act 2003, which gives ajudge of theHigh Court of Justiciary the power to impose asentence for seriousviolent andsexual offences, that includes thelife imprisonment or detention of the offender. A judge of the High Court, either on their own initiative or at the request of the prosecutor, will issue arisk assessment order and require theRisk Management Authority to assess the risk posed by serious offenders, and will provide arisk assessment report to the High Court. The judge may then issue an order for lifelong restriction, at which point the authority will have to draw up arisk management plan for the offender. After sentencing, the offender is subject to a process ofrisk assessment andrisk management by theRisk Management Authority through a risk management plan, which includes ways to manage the risks from the offender inprison and, where allowed by risk assessment, throughrelease on licence. Should an offender be released from prison or detention they will be subject to more intensive supervision, treatment, and monitoring.[1][2]
Offenders who are in prison as a consequence of an order for lifelong restriction must still have their case forrelease on licence considered by theParole Board for Scotland. The Parole Board will sit as the Life Prisoner Tribunal when considering whether or not to grant parole. The Tribunal takes the form of an oralhearing with alegally qualified Member of the Parole Board, and two other Members. The Tribunal will hear evidence from the prisoner (with their legal representative), a representative from the prison, and they will have to consider the risk management plan to understand the degree of risk posed by the prisoner. A prisoner's case can only considered by the Parole Board where the case is referred by theScottish Ministers.[3][4]
The Criminal Procedure Rules were modified byAct of Adjournal in 2006 to give effect to:[5]
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