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1 See Reid v Secretary of State for Scotland 1999 SC(HL)17
2 See, for example, the Sex Offenders Act 1997, Schedule 1
3 Criminal Law (Consolidation)
(Scotland) Act 1995. s. section 5. It is also potentially a 'serious' offence
since it is punishable with up to 10 years' imprisonment if the girl is aged
13 or over, and up to life imprisonment if the girl is aged between
12 and 13.
4 In Canada, the Supreme Court
has held that where the predicate offence consisted of minor acts of sexual
assault, the offender's overall past conduct, including more serious offences,
justified the designation of dangerous offender. 'I cannot imagine that Parliament
wanted the Courts to wait for an obviously dangerous individual, regardless
of the nature of his crime record, and notwithstanding the force of expert opinion
as to his potential dangerousness, to commit a particularly violent and grievous
offence before he or she can be declared a dangerous offender' (per the Chief
Justice, Ontario Court of Appeal in
R v Currie (1997) 2 SCR 260 (SCC))
5 Public inquiry into the shootings at Dunblane Primary School on 13 March 1996: London HMSO 1996 Cm3386
6 Social Work Services Inspectorate (1997) A Commitment to Protect: Supervising Sex Offenders. Proposals for more Effective Practice
7 Social Work Services and Prison Inspectorates for Scotland (1998) Women Offenders _ A Safer Way: A Review of Community Disposals and the Use of Custody for Women Offenders in Scotland.
8 Hart S D (1998) 'The Role of psychopathy in assessing risk for violence: conceptual and methodological issues' Legal and Criminological Psychology 3, 121, 137.
9 Grove and Meehl. 'Comparative efficiencies of informal (subjective, impressionistic) and formal (mechanical, algorithmic) prediction procedures: the clinical-statistical controversy', Psychology, Public Policy and the Law 2. pp. 293-323
10 Monahan J. (1981) The clinical prediction of violent behaviour Crime and Delinquency Issues
11 Management and Assessment of Risk in Social Work Services (Social Work Services Inspectorate)
12 We were advised that for Greater Glasgow, a protocol for sharing information between health bodies, local authorities and the prison service is being developed.
13 Report of the Review Committee on Parole and Related Issues in Scotland Cm 598, 1989
14 Stalking and Harassment Consultation Paper, Scottish Executive, 23 February 2000
15 See Sections 204 and 207 of the Criminal Procedure (Scotland) Act 1995.
16 Housing and Sex Offenders in Scotland. The Chartered Institute of Housing in Scotland, April 1999
17 de Girolamo G and Reich JM (1993) Personality Disorders - Geneva:World Health Organisation
18 Information Services Division Edinburgh: Scottish Executive
19 Cooke D J & Michie C (1999) Psychopathy across cultures: North America and Scotland compared. Journal of Abnormal Psychology. 108. 58-68: Cooke D J (1999) Psychopathy: Structure and cross-cultural generalisability. Keynote address at the 8th Annual Conference of the German Psychology and law Association. Nurnberg 15-18 September 1999.
20 Singleton N, Meltzer H and Gatward R (1998) Psychiatric morbidity among prisoners in England and Wales: Government Statistical Service.
21 Thomson L, Bogue J, Humphreys N, Owen D and Johnston F (1997) The State Hospital survey: a description of psychiatric patients in conditions of special security in Scotland. Journal of Forensic Psychiatry, 8, 263-284
22 Taylor P J et al 'Mental disorder and violence: a special (high security) hospital study'. British Journal of Psychiatry 1998 vol 172, 218-226
23 Dolan B and Coid J (1993) 'Psychopathic and antisocial personality disorders: treatment and research issues'. Gaskell Publications.
24 Blackburn R. (2000). Treatment or incapacitation? Implications of research on personality disorder for the management of dangerous offenders. Legal and Criminological Psychology, 5, 1-21
Loesel F. (1998). Treatment and management of psychopaths. In D J Cooke, A Forth and R D Hare (Eds). Psychopathy: theory, research and implications for society (pp. 303-354). Dordrecht: Kluwer Academic Publishers.
25 Managing Dangerous People with Severe Personality Disorder. Proposals for Policy Development. (Home Office 1999)
26 Offenders with Personality Disorder, The Royal College of Psychiatrists, 1999 Council Report CR71
27 The Report of the Committee of Inquiry into the Personality Disorder Unit, Ashworth Special Hospital, Cm 4194-11
28 Written evidence of B Dolan in Report of the Committee of Inquiry into the Personality Disorder Unit, Ashworth Special Hospital. Vol II Cm 4195. 1999
29 Reid v Secretary of State for Scotland 1999 SC(HL) 17
30 Ruddle v Secretary of State for Scotland, Lanark Sheriff Court, August 1999, unreported
31 Section 17(1)(a) and 17(1)(a)(i) of the Mental Health (Scotland) Act 1984
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