Lifelong sentences can be ‘inhuman and degrading’, campaigners warn | UK News

The use of lifelong sentences by Scottish courts could result in “inhuman and degrading” treatment, human rights campaigners have warned.

Orders for lifelong restriction (OLRs) were introduced almost 20 years ago to protect the public from serious sexual and violent offenders.

Prisoners are not released until the parole board decides it is safe to do so – and only a fraction of those who have received the sentences have ever been freed.

The Scottish Human Rights Commission says OLRs are not working as originally intended and that prisoners are experiencing “psychological distress” because they do not know when they will be released.

In one case, a prisoner who was eligible for parole after serving 18 months is still behind bars almost 16 years later.

However, groups representing victims of crime say the sentences offer essential protection and that public safety must be paramount.

The Scottish government says OLRs are “a valuable sentencing option reserved for the most dangerous offenders”.

Introduced in 2006 and unique to Scotland, the orders are imposed if it is believed that a prisoner has shown a pattern of behaviour which could escalate and seriously endanger the public if they were at liberty.

The sentencing judge orders the offender to serve a minimum period in jail, called the punishment part.

Once that’s been completed, they remain in prison until the parole board decides they can be freed.

If that happens, they are subject to strict risk management measures for the rest of their lives and sent back to jail if they breach their licence conditions.

There are currently 277 prisoners serving OLRs. While 224 had completed the punishment part of their sentence, just 14 have been freed.

The Risk Management Authority, which plays an central role the operation of OLRs, says the 277 prisoners were involved in crimes with a total of 1,600 victims.

A similar sentence in England and Wales, called an indefinite sentence for public protection, was abandoned in 2012 after extensive criticism, although it lacked some of the safeguards built into OLRs.

Paul Hutton was given an OLR after pleading guilty to two charges of indecent assault against two former partners and completed his minimum prison sentence in 2008.

His sister, Shirley Hutton, is leading a campaign calling for the abolition of OLRs.

She says her 50-year-old brother has been refused parole four times and was diagnosed with autism six years ago.

She said: “He goes through cycles where he feels just utter despair and it’s very hard for us to know how to comfort him, because it is a hopeless situation.

“How do you keep somebody hopeful when there is no hope?”

She said there was “absolutely no doubt” that some individuals serving OLRs deserve to be in prison for the rest of their lives.

“Unfortunately, what we have is people who’ve served minor offences who are being kept in prison for lengthy periods of time,” she said.

“We have somebody who was given a 14 month punishment part for breach of the peace and is still in prison 14 years later.”

Ms Hutton says a backlog of risk assessments and a lack of rehabilitation courses is preventing prisoners from securing their freedom.

In 2024, a judge ruled the human rights of an OLR prisoner had been breached because he had been unable to attend a “self-change programme.”

The Scottish Human Rights Commission (SHRC) shares many of Shirley Hutton’s concerns and says OLRs are not working as originally intended.

It says with prisoners are suffering “psychological distress” because they have no idea when they are going to be freed.

In a discussion paper, the commission says that uncertainty could result in “inhuman and degrading treatment”.

SHRC chair Professor Angela O’Hagan told Scotland News: “It’s inhumane to keep people incarcerated without any prospect of progression or release and that’s what we’re concerned about, because that would be a breach of human rights.

“That is potentially unlawful, that potentially amounts to arbitrary detention.”

The SHRC wants the Scottish government and Scottish Parliament to review the operation of OLRs to ensure human rights are being protected.

The nature of the offences committed by many prisoners on OLRs means they will struggle to win public sympathy.

In January, seven members of one of Scotland’s biggest child sex abuse rings were given OLRs and warned they may never be released.

Three children aged under 13 had suffered sexual abuse and violence in a Glasgow drug den dubbed “the beastie house.”

But not all OLR prisoners commit such horrific crimes and the SHRC argues that regardless of what they have done, their human rights should be protected.

Former Scottish government minister Jeane Freeman was a member of the MacLean Commission, which recommended the creation of OLRs more than 25 years ago.

She says the need for the sentence and its value for public protection has not changed, but agrees the way OLRs are being delivered should be examined.

“I don’t think the thinking behind the sentence is flawed, or the impact of the sentence in terms of public safety is necessarily flawed,” she said.

“If you introduce anything that is new and has a direct impact on people, you need to be willing to review how it’s working and make changes if they’re necessary.”

The Risk Management Authority oversees the assessors who examine the risk posed by offenders before OLRs are imposed, and then the risk management plans which kick in after the prisoner is sent to jail.

Its chief executive Mark McSherry argues that OLRs are operating as intended but believes a more individualised approach to rehabilitating prisoners is required.

He says judicial reviews have confirmed that the framework is complaint with human rights and contains crucial safeguards against the risk of arbitrary detention.

A Scottish government spokesperson said OLRs were only used following a risk assessment carried out by accredited experts.

“Decisions on the release of these prisoners are taken by the Parole Board for Scotland, who will only direct release when they are satisfied that imprisonment is no longer necessary for the protection of the public.”

A Scottish Prison Service spokesperson said they have established an OLR Recovery Team, which is providing “dedicated case management and psychological support for people serving these sentences, to better meet their risks and needs.”