CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 1 Orders For Lifelong Restriction INFORMATION SHARING ISSUES FOR COPFS “Balancing The Public Interest”

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 2 The Legislation Criminal Procedure (Scotland) Act 1995 (“The 1995 Act”) Criminal Justice (Scotland) Act 2003 (“The 2003 Act”)

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 3 The Order for Lifelong Restriction Sentence only available in the High Court A Sheriff sitting with a Jury can remit a case to the High Court for sentence

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 4 The OLR is available iro the following offences… serious violent or sexual offence as defined by sections 210A and 210AA link of 1995 Act a life endangering offence, or an offence or pattern of behaviour which indicates a propensity for violent, sexual or life-endangering offending in terms of the statutory risk criteria described in section 210E of the 1995 Act.

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 5 Risk Assessment Order Can be made on the motion of the Prosecutor Or the Court can order RAO at its own instance

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 6 Witness Issues Section 210C(7) 1995 Act If the convicted person intimates; (a) that he objects to the content or findings of that report; and (b) what the grounds of his objection are, the prosecutor and he shall be entitled to produce and examine witnesses with regard to- (i) that content or those findings; and (ii) the content or findings of any risk assessment report instructed by the person…

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 7 Witness Protections The Management Of Offenders Act Applies witness protections to OLR proceedings –eg offender cannot examine witnesses personally, cannot ask questions designed to elicit information about sexual history etc –VWA protections will apply (special measures) However, the application for special measures is made by “the party citing the witness”

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 8 Data Protection Act “Crime and Taxation” Exemption; (1) Personal data processed for any of the following purposes- (a) the prevention or detection of crime, (b) the apprehension or prosecution of offenders…

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 9 “Health & Social Work” Exemptions; 30(1) The Secretary of State may by order exempt… personal data consisting of information as to the physical or mental health or condition of the data subject. 30(3)(b) The Secretary of State may by order exempt… personal data appearing to him to be processed in the course of, or for the purposes of, carrying out social work in relation to the data subject or other individuals;

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 10 Risk Criteria Section 210E of the 1995 Act “…the nature of, or the circumstances of the commission of, the offence of which the convicted person has been found guilty either in themselves or as part of a pattern of behaviour are such as to demonstrate that there is a likelihood that he, if at liberty, will seriously endanger the lives, or physical or psychological well-being, of members of the public at large.”

CROWN OFFICE AND PROCURATOR FISCAL SERVICE Slide 11 If the Assessor needs further info… RMA Guidance; Any further information about previous allegations/acquittals etc is to be sought only through the Crown –ie there will be no direct approaches to the police or to witnesses/victims