The Scottish Government

HIGH RISK OFFENDERS

Details of Order for Lifelong Restriction (OLR):

• The OLR was available to the High Court from 20 June 2006.
• The process supporting the sentence will enable the offender's risk to be first assessed by way of a Risk Assessment Order (RAO) and if it is determined that the risk criteria are met, will trigger the imposition of the new sentence. The OLR will provide that the offender's risk is assessed and managed with a view to minimising that risk as far as possible.
• The disposal is only available to the High Court so it is available for only the most serious sexual, violent or life endangering offences.
• There will be a thorough risk assessment carried out by a trained assessor who has been accredited by the Risk Management Authority (RMA). This person will prepare a Risk Assessment Report (RAR) on the offender.
• The offender's risk must be assessed against statutory risk criteria and an OLR will be imposed only where the court considers the statutory criteria have been met.
• Special provisions apply in respect of mentally disordered offenders. Where a mentally disordered offender is convicted and assessed as high risk, then depending on how the mental disorder and the risk are related, the court may impose a mental health disposal. Alternatively, they could impose an OLR combined with a Hospital Direction.
• The sentence is available on conviction for a single offence but only if the offence is of a serious, violent or life endangering nature and the court is satisfied that the offender may meet the statutory risk criteria.
• Not all serious violent and sexual offenders dealt with by the High Court will be the subject of a Risk Assessment Order and not all those who get a RAO will meet the criteria for an OLR.