SCOTTISH EXECUTIVE

Chairman: The Hon Lord MacLean

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Justice Department Criminal Justice Division

Saughton House Broomhouse Drive Edinburgh EH11 3XD Telephone: 0131-244 2832 Fax: 0131-244 2623 Jane.richardson@scotland.gov.uk Date: 27 June 2000

Dear Consultee

The MacLean Committee on Serious Violent and Sexual Offenders has presented its final report to Scottish Ministers. I am writing to invite your comments on the Committee's Recommendations. A copy of the Report is enclosed with this letter.

The Committee, chaired by the High Court Judge, Lord MacLean was a body of experts comprising members of the judiciary and representatives of the legal profession; the prison service; the police; social work; forensic psychiatry; clinical psychology; psychotherapy and the voluntary sector. It was appointed on 19 March 1999, by the then Scottish Office Home Affairs Minister, Henry McLeish. Its remit was:

"To consider experience in Scotland and elsewhere and to make proposals for the sentencing disposals for, and the future management and treatment of serious sexual and violent offenders who may present a continuing danger to the public, in particular:

• to consider whether the current legislative framework matches the present level of knowledge of the subject, provides the courts with an appropriate range of options and affords the general public adequate protection from these offenders;
• to compare practice, diagnosis and treatment with that elsewhere, to build on current expertise and research to inform the development of a medical protocol to respond to the needs of personality disordered offenders;
• to specify the services required by this group of offenders and the means of delivery;
• to consider the question of release/discharge into the community and service needs in the community for supervising those offenders."

The MacLean Committee has therefore been working for the past 15 months to establish the best way to deal with the relatively small but very difficult group of serious violent and sexual offenders who present a continuing risk to the public.

The Scottish Executive is committed to public safety and to effective controls on those offenders who pose an ongoing danger to others. Scottish Ministers warmly welcome the Committee's Report and now want to consider the recommendations in detail and move promptly towards implementation. As part of this process, Scottish Ministers would welcome the views of all other interested parties. The Report is also being brought to the attention of the Millan Committee which is currently reviewing mental health legislation.

The Committee's report proposes a new framework for the sentencing and treatment of such offenders. The MacLean Committee's recommendations, if implemented in full, would fundamentally change the way in which we in Scotland manage serious violent and sexual offenders. Scottish Ministers would welcome your views both on the broad proposals and on the individual recommendations. In particular they would be interested in your views on:

• The general approach to the sentencing and treatment of serious violent and sexual offenders. In particular, the focus on "risk" as the key factor in determining whether someone should be managed under the scope of its recommendations;
• The recommendation for a new sentence of an Order for Lifelong Restriction;
• The recommendations for a new authority for the management of serious offenders, the Risk Management Authority;
• The recommendations on risk assessment;
• The recommendations on the management of offenders in the prison system and the community
• The recommendations on personality disorder;
• The recommendations on mentally disordered offenders;
• The resource implications of the new proposals.

Please send comments by Friday, 29 September 2000:

The MacLean Committee Consultation
Alison Bell
Criminal Justice Branch 1 Spur W1(D)
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD

Or email to: macleancommittee@scotland.gov.uk

The Scottish Executive will adopt its normal practice and make comments available publicly unless commentators request otherwise.

This letter, and the report, are available on the MacLean Committee website: www.scotland.gov.uk/maclean

Yours sincerely,

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