New scheme will measure risk from offenders.
Helen McArdle - Herald Scotland - 8th February 2010
The Scottish Government is to step up moves to abolish the controversial system of automatic early release from prison.
It comes after convicted paedophile Thomas Smith was jailed for 32 years for the rape and murder last year of an 11-year-old schoolgirl and her mother in Ayrshire.
A spokesperson for Justice Secretary Kenny MacAskill said the reforms would be a “priority” for the government in coming months, with offenders facing restrictions for the entire duration of their sentence.
Mr MacAskill wants an overhaul of the system so that criminals – particularly violent sex offenders – are prevented from walking free as little as halfway through their jail term.
Smith, 26, was already on the sex offender’s register in 2006 for molesting a 10-year-old girl when he killed his next-door-neighbours Diane Fallon and her daughter, Holly, in an attack Judge Lord Turnbull described as setting a new “benchmark of depravity”.
A spokesperson for Mr MacAskill said: “We are committed to replacing the current arbitrary system of early release with one which is driven by the individual offender’s risk to the community and not the length of the sentence. Under our plans, every single prisoner, regardless of the length of their sentence will be subjected to restriction for the entire length of the sentence.”
Currently those jailed for less than four years serve only a maximum of half their sentence and have no licence conditions on release. Inmates serving more than four years can apply for parole at half their term and are guaranteed to be released after two-thirds. Inmates are freed regardless of their behaviour in prison, whether they have shown remorse or even if there are fears they will reoffend.
The race-hate murder of teenager Kriss Donald threw the early release system into the spotlight after it emerged that Imran Shahid had killed Donald while on early release. He had been sentenced to 30 months in February 2003 for a serious assault and dangerous driving, but was released after 15 months. He murdered Kriss Donald four months later.
Those managing sex offenders in the community are concerned that even offenders who express a desire to rape and kill on release are entitled to freedom.
Iain Livingstone, assistant chief constable of Lothian and Borders police, said: “There are some incredibly dangerous offenders, people who have made no attempt to modify their behaviour in prison and some who even admit they will reoffend, and they still have to be released when a third or even half their sentence still remains.
“At the very least, we should consider whether an offender’s behaviour in prison and the level of future risk he poses could justify the loss of automatic early release.”
Mr MacAskill’s spokesman said: “Risk can never be eliminated but it can be reduced. Scotland is one of the leading countries in the world in terms of its approach to the management of sex offenders and we will continue to strengthen our approach to dealing with them.”
See also:
MSPs vote to end early release
Outrage over 150 danger men freed to strike again
28 sex offenders on the run but only one is on Most Wanted website
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