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8. Restriction of Liberty Orders (Chart 27-28 and Tables 41-46 and 63)
8.1 In 2004-05, 5,347 RLO assessments were made (data provided by local authorities), an increase of 46 per cent from 3,655 in 2003-04. The 5,347 assessments corresponds to a rate of 14.8 per 10,000 population. The local authorities with the greatest rates of RLO assessments were South Lanarkshire (96.7 per 10,000 population), Dumfries & Galloway (81.7 per 10,000 population) and Dundee City (73.8 per 10,000 population).
8.2 Information on RLOs (provided by Reliance) was obtained for the first time in 2002-03. RLOs became available as a disposal to all of Scotland's High, Sheriff and Stipendiary courts from May 2002.
8.3 A total of 1,335 RLOs were made in 2004-05, an increase of 65 per cent from the total of 807 in 2003-04.
8.4 The incidence of RLOs was 3.7 per 10,000 population in 2004-05.
8.5 Male offenders accounted for 92 per cent of RLOs. Over half of all males (66 per cent) and females (57 per cent) receiving RLOs were aged 25 years and under. Only 7 per cent of offenders were aged over 40 years. The incidence of RLOs was highest amongst 18 to 20 year olds (18.0 per 10,000 population), 16 to 17 year olds (13.0 per 10,000 population) and 21-25 year olds (10.7 per 10,000 population).
Restriction of Liberty Orders by Age and Gender of Offender, 2002-03 to 2004-05
Orders per 10,000 population
Chart 27
8.6 RLOs were most likely to be of 3-6 months in length (59 per cent), or up to 3 months in length (17 per cent). Seven per cent of offenders received the maximum length of 12 months.
Breaches of Restriction of Liberty Orders
8.7 Information on breaches of RLOs (provided by Reliance) was obtained for the first time in 2004-05. Four types of breach are recorded by Reliance:
- Level 1 breach - including withdrawal of consent (most commonly by the premises holder or Reliance), missed full curfew, intentional tampering or damaging monitoring equipment and physical violence or threatening behaviour towards Reliance Monitoring Services staff.
- Level 1 variation combination - where the subject had to leave their restriction address incurring breach proceedings but has found alternative accommodation for the court to consider as a possible restriction address.
- Level 2 breach - an accumulation of time violations resulting in a return to Court under breach proceedings.
- Level 3 breach - entering a restriction / exclusion zone.
8.8 A total of 770 breach reports of RLOs were submitted to the courts in 2004-05, an increase of 19 per cent from the total of 648 in 2003-04. Seventy-one per cent of these related to level 1 breaches including, 18 per cent for strap tampering or damage to equipment, 17 per cent for missed full curfew and 14 per cent for a withdrawal of consent by the premises holder. Seventeen per cent were for level 1 variation combinations including where the premises holder had withdrawn consent, 11 per cent related to level two breaches for time violations and 1 per cent to the level 3 breach of entering the exclusion / restriction zone.
8.9 Male offenders accounted for 90 per cent of RLO breaches. Almost three quarters of all males (74 per cent) and over half of all females (55 per cent) with breaches of RLOs were aged 25 years and under. Only 4 per cent of offenders with breaches of RLOs were aged over 40 years. Females tended to be older than males with 27 per cent aged over 30 compared to 16 per cent for males.
Breaches of Restriction of Liberty Orders by Age and Gender of Offender, 2004-05
Percentage of breaches
Chart 28
8.10 Four per cent of breach reports resulted in the order being revoked and custody imposed, 6 per cent had their order revoked and a new RLO imposed, a further 8 per cent had their order revoked and some other action taken, 18 per cent had a variation granted, 18 per cent involved no further action, and in 5 per cent of breaches the outcome was not yet known. Forty-one per cent of breach reports resulted in the order being completed with no breach outcome intimated (where the order has reached its end date before a decision has been received from the courts).
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