designed to protect the public from exceptional offenders
The OLR (Order for Lifelong Restriction) is a sentence that can be imposed by a Judge of the High Court of Justiciary on serious violent and sexual offenders in Scotland. It was designed to protect the public from ‘exceptional’ offenders. It can be imposed where a Judge thinks that the person may present a risk of serious harm. The OLR is an indeterminate sentence that will see the person subject to imprisonment with no fixed date of release. An offender will only be released where it is determined that the risks posed to the community can be correctly and safely managed. The onus is on the person to prove they are no longer a risk.
The sentence consists of a punishment part followed by ongoing monitoring, where the person is subject to a lifelong Risk Management Plan (RMP) approved by the RMA.
Most people in Scotland won’t know the OLR exists. We believe most people would be appalled that Scotland violates the basic principles of Justice and Human Rights. We accept proportionate punishment for crime but we can’t accept incarcerating people for what they might do in the future. Change will only happen when pressure is put on those responsible for the OLR. The Scottish Government has so far ignored appeals to review the OLR.
279 people have been made subject to an OLR
With the OLR, it is possible that the index offence (the crime the person has been convicted of) may not be a serious violent or sexual offence, but part of a pattern which demonstrates serious harm. Prior to the OLR, life sentences were reserved for only the most serious criminal offences.
The first OLR was made in 2006 and since then 279* people have been made subject to an OLR. 37* OLR’s have been given to people under the age of 25 years of age. This includes 12 who were under 20 years of age.
Of those 279*, only 30* have been released.
(*latest figures from RMA May 2024)
