What is an Order for Lifelong Restriction?
An Order for Lifelong Restriction (OLR) is a sentence introduced in Scotland in June 2006. The OLR will provide for the lifelong supervision of high risk violent and sexual offenders and will allow for a greater degree of intensive supervision than is the current norm. The OLR is designed to ensure that offenders, after having served an adequate period in prison to meet the requirements of punishment, do not present an unacceptable risk to public safety once they are released into the community. The period spent in the community will be an integral part of the sentence.
Who decides when an OLR should be given?
After conviction, if a Judge considers at his own instance, or on the motion of the prosecutor, that the risk criteria may be met, the Judge may issue a Risk Assessment Order. The High Court will then appoint an RMA Accredited Risk Assessor to carry out a risk assessment and report back to the Court in the form of a Risk Assessment Report (RAR). The Risk Assessor will have up to 90 days to complete the risk assessment. The RAR will allow the judge to make an informed decision on whether it is appropriate to impose an OLR.
Who will get an OLR?
The OLR is available only to the High Court for an offender of any age who is convicted of a serious violent or sexual offence (or more than one offence prosecuted on a single indictment) or of an offence which indicates a tendency for serious violent, sexual or life-endangering offending. However, the sheriff court will remit to the High Court in cases where the sheriff is satisfied, having regard to the statutory criteria, that an offender convicted on indictment may present a substantial and continuing risk to public safety.
What is the RMA’s role in the OLR process?
The introduction of the OLR and all associated legislative provisions was handled by the Scottish Executive. The RMA has a statutory duty to put into place the standards and guidelines for a risk assessment under the auspices of a RAO or an Interim Compulsion Order. Version 1 of the Standards and Guidelines was published in April 2006.
When a Judge is considering imposing an OLR he will order a Risk Assessment Order and appoint an RMA Accredited Risk Assessor to carry out a risk assessment and report back to the court in the form of a Risk Assessment Report (RAR). The RMA is responsible for accrediting and providing training to the Assessors who will prepare the RAR . THE RMA will also approve all Risk Management plans prepared during the 9 months following the imposition of an OLR and annual reports for the duration of the sentence.
How does the OLR operate and how is it different?”
The OLR is a lifetime sentence of imprisonment or detention (dependent on age of offender). It will comprise a series of stages from maximum security through to, where appropriate, supervised release into the community. The key objective is to ensure better continuity of supervision. Thus supervision in the community may be gradually stepped down if appropriate but equally an offender will swiftly move back up a stage or several stages, including return to custody, if the conditions for release are breached and as a result an assessment is made that the offender presents a serious risk to public safety.
What’s the difference between an OLR and a Discretionary Life Sentence?
The monitoring of RMPs for an offender serving an OLR allows for more intensive supervision.
How do I become an Accredited Risk Assessor?
The RMA Accredited Risk Assessor pack sets out the process that a person must follow to become an Accredited Risk Assessor. You can download the application material here.
How do you find out who has been accredited?
The register of RMA Accredited Risk Assessors is available here. Please contact us if further information is required.
What is a Risk Assessment Order?
Following conviction of an offence other than murder and that offence is:
(i) a sexual offence;
(ii) a violent offence
(iii) an offence which endangers life; or
(iv) an offence, the nature of which or the circumstances of
the commission of which, are such that it appears to the Court that
the person has a tendency to commit any such offence as listed
above at points (i), (ii) and (iii)
A Risk Assessment Order (RAO) may be made by the High Court where the Court considers that the risk criteria may be met. The Prosecutor has the function to make a motion to the Court for the Court to consider making a RAO, as long as the prosecutor has given the accused notice of his intention to make such a motion. Once a RAO is made, the Court will adjourn the case for a period of 90 days to allow an accredited risk assessor to carry out a risk assessment of the convicted person and prepare a risk assessment report for the High Court.
What is a Risk Assessment Report?
A Risk Assessment Report (RAR) is the document prepared by an RMA accredited risk assessor to inform the High Court’s judgement on whether an Order for Lifelong Restriction should be imposed. The RMA standards, guidance and guidelines for preparing the RAR is available here.
What is a Risk Management Plan?
A Risk Management Plan (RMP) will be prepared by the lead authority for every offender who is subject to an OLR. The RMP sets out an assessment of risk and the measures to be taken for the minimisation of risk and how such measures are to be co-ordinated. The plan includes assessment and analysis of factors that may increase or prevent re-offending and gives recommendations for action. It requires inter-agency and multi-disciplinary working.
The Risk Assessment Report prepared for the High Court prior to sentencing should be developed by the lead authority, in the first months of the OLR being imposed, into a detailed Risk Management Plan (RMP).
What are manners?
Manners are the methods, practices and risk assessment tools that are used for assessing risk.
What are persons?
Persons are the people who apply to the Risk Management Authority to become accredited risk assessors.