Beltrami & Company Criminal Law & Glasgow Solicitors Blog

A legal loophole whereby life prisoners could become eligible for parole earlier than those serving sentences of a fixed length will be closed after the Scottish Parliament voted in favour of a new Bill designed to improve the justice system.

The Criminal Cases (Punishment and Review) (Scotland) Bill will resolve a technical anomaly which arose following the Appeal Court's judgement in the case of Petch and Foye v. HMA, which meant that prisoners given a discretionary life sentence or Order for Lifelong Restriction (OLR) can apply to become eligible for parole earlier than those serving sentences of a fixed length.

Under new legislation, the courts will regain the discretion to set a 'punishment part' of those sentences that it considers appropriate in all the circumstances of a particular case.

The Bill will also provide a framework for the Scottish Criminal Cases Review Commission (SCCRC) to decide whether it is appropriate to disclose information concerning cases it has referred to the High Court for appeal against conviction which have subsequently been abandoned or have fallen. Although general in nature, the Bill will apply in the circumstances of the case of Abdelbaset Al-Megrahi, who was convicted in 2001 of the murder of 270 people in the Lockerbie bombing.

The Commission on Women Offenders, established to examine how female offenders are dealt with in the criminal justice system, has produced its final report.

The Commission’s remit was to set out a series of measures to help reverse the continued rise in the female prison population, which has doubled in the last decade.

Commenting on the report, Justice Secretary Kenny MacAskill said:

“The independent Commission has made recommendations which, taken together, set out a vision for how we can work effectively with women to reduce their offending and ultimately reverse the ten year upward trend in female imprisonment rates.

“Protecting the public will always be my top priority, and prison remains the only option for the most serious criminals, men and women. However, only 2% of female prisoners were involved in serious violence last year, with the majority of the population not posing a serious risk of harm to the public. So, instead of spending taxpayers money to keep offenders who do not pose a serious risk of harm to the public locked up, we must find better and more cost-effective ways of addressing their behaviour by offering real and meaningful ways for them to rehabilitate themselves in the communities that they are part of.

“The Commission has reported on the continuous pattern of offending of many of the women held in prison, and the damaging cycle that they are so often unable to break. It is clear that there are better solutions to stopping female reoffending than simply locking them up. Many female offenders are deeply vulnerable people for whom offending is a result of chaotic lifestyles, mental health difficulties, and severe addiction problems. Many will have been the victims of abuse in their lifetime.

“It is in society’s interest to reduce the number of female offenders and consequently reduce the family break ups that often result, and the detrimental impact that can have on the life chances of their children who are ultimately our citizens of the future.”

The Judiciary of Scotland has announced that STV has been given permission by Lord Hamilton the Lord President and Lord Justice General to film Lord Bracadale sentencing David Gilroy at the High Court in Edinburgh on 18th April 2012. 

David Gilroy was found guilty of the murder of Suzanne Pilley in March 2012.

This is the first time that permission has been granted to film during a sentencing diet in the High Court. A number of restrictions have been placed on the filming, including a stipulation that the accused will not appear on camera. The camera instead will remain focused on the judge. It has also been agreed that filming will not start until the plea in mitigation has finished.

Footage of the sentencing will be made available immediately afterwards via satellite feed.

Human rights charity Fair Trials International has submitted a six-point plan to the Home Affairs Committee for reforming the UK’s extradition arrangements.

Many of the proposed changes have already been recommended by other in-depth extradition reviews that took place in 2011. According to Fair Trials, all can be achieved simply and quickly, and the impact for people facing extradition requests would be substantial if the reforms were enacted.

The six reforms are: