| Description | This document has been sent to the Sentencing Commission to invite their views on proposed options for changing early release and post release supervision arrangements for sex offenders. |
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| ISBN | (Web Only) |
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| Official Print Publication Date | |
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| Website Publication Date | April 20, 2005 |
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Scottish Executive Justice Department
April 2005
ISBN
0 7559 1084 2 (Web only publication)
This document is also available in
pdf format (236k)
CONTENTS
Introduction
Background
Related work
Number of Offences, Mode of Trial, and Disposal
Objectives
Which Offenders are we targeting?
Should sex offenders simply receive longer
sentences?
Options
Short-term
Medium-term
Longer-term
Summary of questions for the
Sentencing Commission
Table 1 - Persons with a charge
proved for selected offences, 2002
Table 2 - Persons given an
extended sentence for selected offences, 2002
Introduction- The purpose of this document is to invite the
Sentencing Commission's views on options for changing
early release and post-release supervision arrangements
for sex offenders.
- On 25 November 2004, the First Minister announced
in response to an oral Question from Paul Martin
MSP:
"We believe that there is a strong case for
ending automatic early release of sex offenders and
are examining the effectiveness of the sex
offenders notification scheme at an operational
level. We aim to deliver better public protection
through closer supervision of sex offenders in the
community and will legislate to promote joint
working between the police, prisons and criminal
justice social work in assessing, monitoring and
managing the risk posed by sex offenders."
- The Sentencing Commission is currently
engaged on a review of early release as part of its
wider remit. However the Scottish Executive wishes to
identify options ahead of that wider review to deal
specifically with concerns about sex offenders. This
document is being copied to a range of interested
bodies but we would be particularly grateful for
comments by the Commission in view of its wider study
of this area.
- The concerns have intensified as a result of
certain cases involving repeat offending by sex
offenders which highlighted weaknesses in the
arrangements. The involvement of child victims is a
particular concern. In particular, for sex offenders
serving less than 4 years in custody, there is no
discretion about the timing of release and, for the
majority, no compulsory supervision on release and
therefore no opportunity to recall them to custody
should their behaviour pose a risk to public safety.
Even for those serving an 'extended sentence',
including a period of supervision in the community,
following a sentence of less than 4 years, there is no
discretion about the timing of release. For offenders
serving longer sentences, there is discretionary
release on the recommendation of the Parole Board for
Scotland between one half and two thirds of sentence
but there is similarly no discretion about release on
licence at the two thirds point.
- The cases that came to public attention in 2004
featured some of these drawbacks, but the concerns
about early release and supervision are not limited to
the circumstances of those cases. This document looks
at options for changes to the sentencing, early release
and supervision arrangements for sex offenders so as to
reduce the gaps which could put potential victims at
unnecessary risk. We recognise that until a
comprehensive review of early release is undertaken,
there may be limits to the potential for a radical
overhaul of the system for sex offenders alone. Despite
these limits, the need to deliver better public
protection, both of victims and potential victims, we
must take steps to tighten the system and lessen the
likelihood of re-offending.
Background
Related Work
- This review forms part of wider work of
the arrangements for protecting the community from sex
offenders. That work includes several related strands,
including-
- An independent review of the operation
and effectiveness of the sex offender notification
regime, led by Professor George Irving. This review is
due to report by early summer;
- Implementation of the report of the
Expert Panel On Sex Offending
published in 2000 (the Cosgrove Report).
Recommendations on the integrated management of sex
offenders through joint arrangements, including
information sharing, are to be implemented in the
Management of Offenders etc. (Scotland) Bill;
- The arrangements for the
prosecution of sex offences are being
reviewed by the Crown Office and Procurator Fiscal
Service. This review is chaired by the Solicitor
General, and is expected to report in the course of
2005;
- The
law on rape and other sexual offences
is subject to a separate review by the Scottish Law
Commission, which is expected to report in 2007;
and
- the
Protection of Children and Prevention of Sexual
Offences (Scotland) Bill introduces Risk of
Sexual Harm Orders, which can be used to restrict the
movements of an adult whose behaviour indicates that
s/he may be a risk of sexual harm to a child or
children, and extends the use of Sexual Offences
Prevention Orders.
- The Scottish Executive recognises that
there is no system of public protection that can
eliminate totally the risk of predatory sexual
offending but we believe that everything possible must
be done to ensure that adequate safeguards are in place
and that the public authorities have closed gaps and
loopholes that could result in avoidable victimisation.
This document should not be seen in isolation but as
part of a package of measures and complementary to the
list described above.
- We also recognise that the Commission is working on
a wider review of early release and that it may
consider it unnecessary to introduce a radical new
approach for just one class of offender, which might
shortly afterwards have to be changed again to fit the
wider picture. Given that, the resource implications of
wide reaching changes could be significant. Therefore
we advocate an approach in stages, that allows for
immediate short term changes, medium term measures, and
longer term solutions that emerge from the wider review
of early release.
Present arrangements
- At present the following sentencing
options apply to sex offenders-
- Non-custodial sentences of various kinds;
- Short-term prison sentences of less than 4 years,
which result in automatic and unconditional release at
half sentence;
- Long-term prison sentences of 4 years or more,
which result in parole consideration at half sentence,
and automatic release at two thirds of sentence (if not
already granted parole) in either case release being on
licence, subject to social work supervision and recall
to custody in case of breach until sentence
expiry;
- Extended sentences, in which the sentencing court
may impose an extended period of supervision whether
passing a short-term or a long-term sentence. The
prisoner remains on licence and subject to supervision
and to recall for breach, for the duration of the
specified extension; and
- Discretionary life sentences, in which the
sentencing court imposes a life sentence with a
specified punishment part. This will shortly be
replaced by the Order for Lifelong Restriction (
OLR) under which there will be
enhanced risk assessment and management procedures
involving the recently established Risk Management
Authority.
Number of Offences, Mode of Trial and
Disposal
- Table 1 sets out statistics on sexual
offences prosecuted in 2002, showing the court
procedure and the disposal. The Table also includes
other offences where a sexual aggravator was recorded
by
SCRO, and certain non-sexual
offences against children. The Table shows the wide
range of offences, and the wide range of disposals they
attract. Table 2 provides some further detail on
persons given an extended sentence in 2002.
Objectives
- The objectives of any changes in the
early release and supervision arrangements will be to
ensure that-
- Except in cases generally agreed to be low risk, no
sex offender is released into the community without
some form of post-release supervision aimed at public
protection;
- There is discretion about the timing of release for
anyone serving a custodial sentence of significant
length for a sexual offence, to ensure that risk can be
minimised;
- There is no unnecessary increase in the prison
population;
- The extra demands on resources are commensurate
with the benefits expected; and
- The system harmonises with other changes that are
taking place to assess and reduce the risk posed by sex
offenders.
Which offenders are we targeting?
- We suggest that the simplest way to
proceed would be to apply the new arrangements to any
offender who will be subject to the notification
requirements in the Sexual Offences Act 2003. As
already noted, sexual offending against children is a
particular concern. However not every person who poses
a risk of sexual offending will be charged with a
sexual offence against a child. Experience shows that
some persons convicted of an offence against a
different age group, or a non-sexual offence against
children, may be at risk of sexual offending against
children. We should recognise that our understanding of
risk factors is far from complete.
- Special provisions for specified sexual and violent
offences, and offences against children, are already
included in a number of statutes, including provisions
on extended sentences, victim notification and the
notification requirements of the Sexual Offences Act
2003. These specified offences, and the application of
existing special provisions could be used as the
trigger for any new arrangements. Otherwise it would be
necessary for the court to exercise a discretion based
on the facts and circumstances of each case, which
would add to the burdens on the court.
- In this document we refer to the offences covered
by it as 'sex offences' and the offenders as 'sex
offenders', but accept that if a wider target group is
appropriate, then different terminology will have to be
found.
Question 1: We would welcome the Commission's
views on the best way of defining the offenders and
offences to which any new arrangements should
apply.
Should sex offenders simply receive longer
sentences?
- Our key concern must be to reduce the
risk to victims and potential future victims of sexual
offences. It is important that offenders should receive
a just sentence in terms of punishment and retribution.
In some cases, this will be a long determinate
sentence, or an indeterminate sentence with a long
punishment part, which will contain the offender and
prevent reoffending for a number of years. But a longer
period in custody is not necessarily the best way to
minimise the long-term risk posed by the offender. For
some offenders, a community disposal may be more
effective at reducing their risk. While research has
shown that the likelihood of reoffending and
reconviction for sex offenders is no higher than for
other offenders, the sorts of offences involved and
their impact on victims mean that the risk has to be
taken seriously
1 .
Options
- This document sets out a range of
options for improving the early release and supervision
arrangements for sex offenders. These are divided into
short-, medium- and longer-term options as
follows-
- short-term options, which would not have knock-on
effects elsewhere in the system although they would
require resources and training;
- medium-term options involving greater resource
implications and more complex interactions with other
parts of the system; and
- longer-term options which should only be considered
in the context of a wider review of early release,
which would certainly require primary legislation and
would generally be resource intensive.
For all of the options, careful consideration would need
to be given to the impact on the prison system, criminal
justice social work and other agencies as well as to the
likely effectiveness.
Short-term options
- These are options that could be
accomplished in the short term by legislation, which
would have resource and training implications, but
which would be relatively self-contained and not affect
the operation of the rest of the system in advance of
the wider review of early release being conducted by
the Commission.
Require short-term prisoner sex offenders to be
released on licence rather than unconditionally
- The main criticisms of sentences for sex
offenders can be levelled at short-term custodial
sentences (ie less than 4 years) and would apply
equally to short-term sentences for other crimes and
offences. There is no discretion about release at
half-sentence and there is no provision for
post-release supervision unless the offender is given a
supervised release order (not available for sex
offenders) or an extended sentence.
- This option would simply change unconditional
release at half-sentence for short-term prisoners to
release on licence in relevant cases. The licence
requires social work supervision, and might include
other conditions. Failure to comply with the conditions
could result in the licence being revoked and the
offender being recalled to prison. It would not involve
any discretion about the timing of release, but would
have the advantage of introducing supervision in all
cases.
- This option would have resource implications by
adding to the number of prisoners being released under
supervision, by imposing new requirements for formal
throughcare, and by potentially increasing the prison
population as a result of recalls.
- The Management of Offenders etc. (Scotland) Bill
already includes provisions to improve monitoring
arrangements for sex offenders in the community. It
places a duty on the police, criminal justice social
work and the Scottish Prison Service to establish joint
arrangements for assessing and managing the risk posed
by sex offenders, including the power to share
information. These provisions complement this option by
providing the framework within which enhanced
supervision and monitoring can occur.
- We propose that the new arrangements apply to all
short-term prisoners sentenced to between 6 months and
4 years. According to Table 1, in 2002 this would have
involved 80 new prisoners being liable to eventual
release on licence, on the basis of those sentenced to
periods of this length who did not also receive an
extended sentence. This would omit those sentenced for
very short periods for offences such as indecent
exposure, or minor sexual assault not suggesting any
serious danger to the public.
- We estimate that this would result in between 50
and 75 additional licences to be supervised at any one
time; and assuming that 25% of such licencees are
recalled to custody for breach of conditions, there
could be an increase of 5-10 in the average prison
population.
- We propose to implement this option in the
Management of Offenders etc. (Scotland) Bill recently
introduced into the Scottish Parliament, by way of
amendments at Stage 2.
Question 2: We would be grateful for the
Commission's views on the option of changing the regime
for release of short-term prisoners sentenced to
between 6 months and 4 years so that sex offenders are
released on licence instead of unconditionally at half
sentence.
Change the definition of long-term prisoner for sex
offenders
- The option described above would not
involve any discretion about the timing of release, so
would not fully meet the objectives. However, having
identified that automatic release is a weakness in
these arrangements, finding a way to introduce
discretion that is informed by a meaningful assessment
of risk is not without difficulty. There is a danger
that an element of discretion, exercised using limited
information, could provide a false sense of
security.
- The Parole Board process for considering whether to
release a prisoner on parole is necessarily a
time-consuming one and a short custodial period would
leave little time for the offender to be properly
assessed and to demonstrate progress in addressing
offending behaviour and risk before the Parole Board
considers the case. However we consider that the
possibility of reducing the definition of 'long-term
prisoner' to, say, 3 years, with parole consideration
after 18 months is worth further examination. To change
the definition of 'long-term prisoner' in this way for
sex offenders alone would require primary legislation.
It would create a different expectation of release for
those sentenced to between 3 and 4 years for a sex
offence compared with others serving a similar sentence
for a non-sexual offence. Only sex offenders in that
bracket would come to the Parole Board and, if not
granted parole, would serve between 6 and 8 months
longer than other prisoners.
- This option would not provide a comprehensive
solution but would be one simple way of putting
discretion and post-release supervision in place for
sex offenders serving sentences of 3 or more years,
which would be likely to be imposed where the crime had
been fairly serious in nature. It is a measure that
would impose additional burdens on criminal justice
social work to make reports to the Parole Board and to
supervise those released on licence. However these
would not be significant on top of the resource
implications of changing unconditional release of
short-term prisoners to release on licence as set out
above.
Question 3: We would be grateful for the
Commission's views on the desirability of bringing sex
offenders sentenced to 3 years or more within the
long-term prisoner arrangements.
Compliance with notification requirements as a
licence condition
- For relevant offenders, compliance with
the notification requirements in the Sexual Offences
Act 2003 could be incorporated as a licence condition.
That would allow the revocation and recall arrangements
in the Prisoners & Criminal Proceedings (Scotland)
Act 1993 to be used to enforce compliance, which might
be swifter than dealing with the offence of failing to
comply with the requirements. This might however have
to be coupled with legislation or directions requiring
the Parole Board to recall for such breaches, as
otherwise the Board would apply its normal 'risk to
life and limb' test and might not consider this test to
be satisfied purely for failure to comply with the
notification requirements. Even if the Board does not
recall, the offence of failure to comply with the
notification requirements would still apply.
Question 4: Would the Commission favour adding
compliance with the sex offender notification
requirements as a licence condition in cases where the
offender is subject to the notification
requirements?
Medium-term options
- These are options which would carry more
significant resource implications and have implications
elsewhere in the system.
Compulsory electronic monitoring for released sex
offenders
- Electronic monitoring can be a valuable
addition to supervision. It can tell us where an
offender is (or is not) at any given time. This can be
used to curfew an offender to a particular place, or to
alert the authorities when he gets close to e.g. a
victim's house or a school. The Parole Board could be
encouraged to impose a requirement that the licence
conditions for released sex offenders (whether
long-term prisoners or under an extended sentence)
should include a curfew condition to be monitored
electronically. Alternatively, primary legislation
could be used to add such a requirement
across-the-board. We need to recognise that electronic
monitoring is not the solution to all problems. It
cannot physically prevent an offender from reoffending
or from breaching his conditions, although it may make
it easier to detect and deal with this. If these
limitations are not recognised, the use of electronic
tagging could provide a false sense of security and
serve to reduce public protection. Nevertheless, there
is certainly scope for greater use of electronic
monitoring as an additional safeguard.
Question 5: We would be grateful for the
Commission's views on the option of making electronic
monitoring compulsory for all sex offenders released on
licence. Or if not for all, how the use of electronic
monitoring might be targeted?
Expand Orders for Lifelong Restriction
- The Order for Lifelong Restriction may
offer a model that could be adapted for a wider range
of offenders. The risk assessment is carried out by an
accredited risk assessor using methods accredited by
the Risk Management Authority (
RMA). If the risk criteria are met
the court has no option but to make an
OLR. The
OLR will have a punishment part,
upon the expiry of which the offender has a right to
have his case referred to the Parole Board for
Scotland. If the Parole Board is satisfied that it is
not necessary for the protection of the public that the
offender be contained, it must direct his release.
- Any offender subject to an
OLR must have a Risk Management Plan
approved by the
RMA. These will follow the offender
through his time in prison or hospital to supervision
in the community. The Plan will become an important
part of the dossier that is presented to the Parole
Board to inform the release decision and the Board is
obliged to have regard to the Plan.
- When the
OLR becomes available to the courts
it may be used more widely than the present
discretionary life sentence. However it will remain a
High Court disposal and would not be available to the
sheriff solemn court except upon referral to the High
Court. It would be possible to apply the
OLR to a wider range of offenders by
relaxing the criteria for its imposition. Basically
this would involve removing the requirement that the
offender pose a risk of serious harm, by removing the
word 'serious'. However we have no experience yet of
operating these complex provisions, or of how effective
they will be in improving public protection, and take
the view that it is premature to change the criteria
until we have such experience and the
OLR has been evaluated.
Question 6: We would be grateful for the
Commission's views on whether it is too early to extend
the
OLR by reducing the risk
criteria?
Add requirement for risk management planning in
respect of long-term prisoners
- Secondary legislation could be used to
add a requirement in the case of sex offenders who are
long-term prisoners that risk management plans should
be prepared as for those under the Order for Lifelong
Restriction. This would involve about 70 additional
risk management plans each year being drawn up and
submitted to the Risk Management Authority for
approval. This would be cumulative - 70 in first year,
140 in second year etc. This would obviously have
resource implications for local authority criminal
justice social work, for
SPS and for the
RMA. This option would provide
additional safeguards in relation to long-term
prisoners only. Such prisoners are already released on
licence and discretion about the timing of release is
exercised by the Parole Board. It would be an
additional challenge to the
RMA to approve risk management plans
for all such offenders. On present plans they will only
be doing this for a handful of
OLR sentences each year. It could be
argued that to add in long-term prisoners in the near
future would force the pace too much for the
RMA, putting at risk the quality of
its work and its impact on public protection; or it
could be argued that it would enable the
RMA to build up expertise more
quickly than would be possible if its remit remained
confined to those on
OLRs. It would also be a challenge
to
SPS and local authorities, who might
not be ready to respond to a need for risk management
planning in such a large number of cases in the short
term, again risking diluting their efforts to reduce
the risk posed by the smaller number of prisoners who
have been identified through the
OLR process as presenting a
particularly high risk. This option would not apply to
short-term prisoners as this would risk being
disproportionate and diluting further the work on
higher risk prisoners. All prisoners will in any event
be covered by the provisions for joint risk assessment
and management in the Management of Offenders etc.
(Scotland) Bill.
Question 7: We would be grateful for the
Commission's views on the option of extending risk
management planning as a principle to all sex offenders
serving long-term sentences.
Longer-term option
A new sex offender sentence
- Any alternative option to the present
long-term determinate sentence would have to allow for
discretion about the timing of release and also for
post release supervision whenever release took place. A
possible new sex offender sentence could draw features
from the
OLR but instead of being
indeterminate, it could be designed to last for a fixed
period.
- The sentence would be in three parts-
- A minimum punishment period (to be served in
custody);
- A further discretionary period in custody; and
- A period of supervision in the community during
which the offender would be subject to recall.
The decision on release between the end of the
punishment period and the end of the discretionary
custodial period of the sentence would be under control of
Parole Board.
- For example, the court might pass a
7-year sex offender sentence comprising 3 year
punishment period, 2 years discretionary custodial
period and an extended supervision period of 2 years on
licence. The effect would be as follows-
- If the offender is released at the end of the
punishment period (ie after 3 years), the offender
would spend 4 years on licence.
- If he is released after 4 years, he would spend 3
years on licence.
- If he remains in custody for the full custodial
period and is released after 5 years, the offender
would spend 2 years on licence.
- The offender would be liable to recall
during the licence period but could be re-released on
the direction of the Parole Board.
- The use of a new sex offender sentence could be
triggered by conviction for certain categories of
offence, taking into account the facts and
circumstances surrounding the index offence and the
accused's previous record. This would include a risk
assessment, perhaps based on the
OLR model or on section 21 of the
Criminal Justice (Scotland) Act 2003.
- The benefits of this model are:
- An end to compulsory release after two-thirds of
sentence. The punishment period, however long, would be
served in full;
- Transparency in the meaning of sentences. The
sentencing judge would spell out the meaning of the 3
components at the time of sentencing; and
- Removal of the arbitrary distinction between
short-term and long-term prisoners. The punishment part
could be quite short (eg 1 year, or 18 months).
- While we consider that there may be some
advantages in working up a model for a sentence along
these lines, we are doubtful whether it would be
appropriate to do so for sex offenders in isolation.
There are benefits to the model but it is doubtful
whether it is so superior over the present arrangements
for long-term prisoners that it would be worth
investing in its development in isolation from the
wider changes that the Commission may in due course be
recommending to early release.
Question 8: We would be grateful for the
Commission's comments on the possibility of introducing
an entirely new style of sentence consisting of
custodial, discretionary and community components, as
part of its wider review of early release.
Summary of Questions for the
Sentencing CommissionQuestion 1: We would welcome the Commission's views on
the best way of defining the offenders and offences to
which any new arrangements should apply.
Question 2: We would be grateful for the Commission's
views on the option of changing the regime for release of
short-term prisoners sentenced to between 6 months and 4
years so that sex offenders are released on licence instead
of unconditionally at half sentence.
Question 3: We would be grateful for the Commission's
views on the desirability of bringing sex offenders
sentenced to 3 years or more within the long-term prisoner
arrangements.
Question 4: Would the Commission favour adding
compliance with the sex offender notification requirements
as a licence condition in cases where the offender is
subject to the notification requirements?
Question 5: We would be grateful for the Commission's
views on the option of making electronic monitoring
compulsory for all sex offenders released on licence. Or if
not for all, how the use of electronic monitoring might be
targeted?
Question 6: We would be grateful for the Commission's
views on whether it is too early to extend the
OLR by reducing the risk criteria?
Question 7: We would be grateful for the Commission's
views on the option of extending risk management planning
as a principle to all sex offenders serving long-term
sentences.
Question 8: We would be grateful for the Commission's
comments on the possibility of introducing an entirely new
style of sentence consisting of custodial, discretionary
and community components, as part of its wider review of
early release.
TABLE 1 Persons with a charge proved
for selected offences (where main offence) in
2002*
(figures shown in brackets relate to number of
extended sentences)
Main offence | Total | Sentence | Court Procedure |
|---|
Custody (to 6 months) | Custody (over 6 months to 2 yrs) | Custody (over 2 up to 4 yrs) | Custody (4 yrs+) | Community sentence | Financial penalty | Other sentence | High Court | Sheriff solemn | Sheriff summary | District |
|---|
Total | 1,998 | 122 (-) | 385 (17) | 106 (9) | 229 (23) | 678 | 321 | 157 | 321 | 765 | 897 | 15 |
|---|
Sexual Offences | 508 | 34 | 66 (15) | 28 (9) | 66 (13) | 193 | 74 | 47 | 103 | 94 | 303 | 8 |
|---|
Abduction | 28 | 2 | 5 | 1 | 3 (1) | 5 | 8 | 4 | 4 | 8 | 26 | - |
|---|
Assault with Intent to Ravish | 12 | - | 3 | 1 | 6 (3) | 1 | - | 1 | 9 | 3 | - | - |
|---|
Brothel keeping | 2 | 1 | - | - | - | - | 1 | - | - | - | 2 | - |
|---|
Defilement of girl under 13 | 4 | - | - | - | - | 3 | 1 | - | 1 | 2 | - | 1 |
|---|
Defilement of girl under 16 | 38 | 2 | 4 | 3 (1) | 3 (1) | 12 | 6 | 8 | 5 | 6 | 27 | - |
|---|
Handling obscene material | 17 | 1 | 2 (1) | 1 | - | 10 | 3 | - | - | 8 | 9 | - |
|---|
Homosexual acts | 13 | - | - | - | 2 | 1 | 10 | - | 2 | - | 6 | 5 |
|---|
Incest | 9 | - | - | 1 | 5 (1) | 3 | - | - | 7 | 2 | - | - |
|---|
Indecent Assault | 64 | 1 | 9 (3) | 4 (2) | 2 | 20 | 15 | 13 | 11 | 7 | 46 | - |
|---|
Indecent exposure | 63 | 7 | 1 (1) | - | - | 33 | 12 | 10 | - | 1 | 61 | 1 |
|---|
Lewd and libidinous practices | 230 | 20 | 42 (10) | 15 (6) | 22 (3) | 103 | 17 | 11 | 37 | 57 | 136 | - |
|---|
Offences related to prostitution | 1 | - | - | - | - | - | 1 | - | - | - | - | 1 |
|---|
Rape | 27 | - | - | 2 | 23 (4) | 2 | - | - | 27 | - | - | - |
|---|
Other Offences against
Children | | | | | | | | | | | | |
|---|
Children & young persons offences (not
elsewhere classified | 12 | - | - | - | - | 4 | 5 | 3 | - | - | 11 | 1 |
|---|
Cruelty (neglecting &c) to &
unnatural treatment of children | 155 | 9 | 2 | - | - | 70 | 21 | 53 | - | 2 | 153 | - |
|---|
Violent Offences | | | | | | | | | | | | |
|---|
Murder | 37 | - | - | - | 37 | - | - | - | 37 | - | - | - |
|---|
Culpable homicide (common law) | 31 | - | 2 | 3 | 22 | - | - | 4 | 31 | - | - | - |
|---|
Serious Assault | 1,219 | 75 | 315 (2) | 75 | 104 (10) | 398 | 208 | 44 | 150 | 669 | 396 | 4 |
|---|
Other (with sexual
aggravator) | | | | | | | | | | | | |
|---|
Breach of the peace ** | 30 | 2 | - | - | - | 13 | 11 | 4 | - | - | 28 | 2 |
|---|
Failure to notify police/provision of false
information ** | 4 | 1 | - | - | - | - | 2 | 1 | - | - | 4 | - |
|---|
General attmpts to defeat/pervert the
course/ends of justice ** | 1 | - | - | - | - | - | - | 1 | - | - | 1 | - |
|---|
Housebreaking with intent to steal ** | 1 | 1 | - | - | - | - | - | - | - | - | 1 | - |
|---|
Total (excl Serious
Assault) | 779 | 47 (-) | 70 (15) | 31 (9) | 125 (13) | 280 | 113 | 113 | 171 | 96 | 501 | 11 |
|---|
* Figures may be underestimates due to late recording
of disposals on
SCRO, particularly for the High Court
** offences with a sexual aggravator recorded on
SCRO.
TABLE 2 Persons given an
extended sentence for selected offences, 2002* by
length of custodial and supervision elements
| Total | Custodial sentence up to 2 years | Custodial sentence of 2-4 years | Custodial sentence of 4 years or more |
|---|
Total | Supervision in months | Total | Supervision in months | Total | Supervision in months |
|---|
Up to 1 year | >1 to 2 years | >2 to 3 years | >1 to 2 years | >2 to 3 years | Over 3 years | Up to 1 year | >1 to 2 years | >2 to 3 years | Over 3 years |
|---|
Total | 49 | 17 | 4 | 4 | 9 | 9 | 3 | 4 | 2 | 23 | 0 | 4 | 3 | 15 |
|---|
Abduction | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 |
|---|
Assault with Intent to Ravish | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 3 | 0 | 0 | 0 | 3 |
|---|
Defilement of girl under 16 | 2 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 0 | 1 | 0 | 0 |
|---|
Handling obscene material | 1 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
|---|
Incest | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 |
|---|
Indecent Assault | 5 | 3 | 1 | 0 | 2 | 2 | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 |
|---|
Indecent exposure | 1 | 1 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
|---|
Lewd and libidinous practices | 19 | 10 | 2 | 3 | 5 | 6 | 1 | 3 | 2 | 3 | 0 | 0 | 0 | 3 |
|---|
Rape | 4 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 4 | 0 | 0 | 2 | 2 |
|---|
Serious Assault and attempted murder | 12 | 2 | 0 | 1 | 1 | 0 | 0 | 0 | 0 | 10 | 0 | 3 | 1 | 5 |
|---|
* Figures may be underestimates due to late recording of
disposals on
SCRO, particularly for the High
Court.
Footnotes1 See
Recidivism Amongst Serious Violent and Sexual Offenders
- Scottish Executive Social Research 2002 -
http://www.scotland.gov.uk/library5/justice/rsvo-00.asp