Order, Order. We now move to stage 3 for the Maximum Sentencing (Scotland) Bill.

Maximum Sentencing (Scotland) Bill

An Act of the Scottish Parliament to introduce a maximum sentence for of 21 years imprisonment, plus 10 years on-license, for offences in Scotland, with both terms being renewable by 5 years if the opinion of professionals is that the offender is not rehabilitated enough to re-enter normal society.

Section 1: Interpretation

(1) An ‘offence’ shall mean any criminal offence which has a maximum sentence which is equal to, or exceeds 21 years, including time served in prison or on license

(2) An ‘offender’ is any person convicted of an offence.

Section 2: Maximum Sentence

(1) The maximum sentence which may be imposed for any offences covered by this Act is 21 years imprisonment.

(2) If handing out a sentence of 21 years imprisonment, the Judge presiding over the case shall explicitly state if the provisions of this Act are to apply.

• (a) If the Judge does not state if the provisions of the Act are to apply, they shall be assumed to apply to the offender.

Section 3: Release of an Offender from Prison

(1) No later than 12 months before the release of an offender from prison, a committee shall be established to determine if the offender is safe to release from prison.

(2) The committee shall consist of:

• (a) Three members of the Parole Board for Scotland, one of which shall chair the committee.

• (b) A criminal psychologist.

• (c) The Prison Governor, or a nominated representative who has had significant contact with the offender.

(3) The committee shall determine the following:

• (a) If the offender is likely to reoffend upon release from prison.

• (b) If the offender is likely to pose a threat to civilians or law enforcement upon release from prison.

• (c) If the offender has enough skills, and/or qualifications, to find stable work upon release from prison.

• (d) Any other factors they believe are relevant to the particular case of the offender.

(4) If the committee are satisfied that the offender is unlikely to reoffend; is unlikely to pose a threat to civilians or law enforcement; is likely to find work upon release; and there are no factors unique to the case which would indicate the offender would struggle to adapt to civilian life, the committee is to recommend the release of the offender on-license.

(5) The committee shall not base their decision on any of the following:

• (a) Any feeling or sense of retribution for the offence committed.

• (b) The opinions of members of the public.

• (c) Any feelings about the legitimacy of the sentence imposed in the trial.

(6) The committee shall be entitled to speak to the offender and any legal representatives; prison staff; and other professionals to establish if the offender is suitable for release.

(7) The committee shall be entitled, with the consent of the offender or their legal representatives to read any medical records of the offender.

(8) The committee shall be entitled to access the criminal record and any other information stored by the police about the offender.

(9) No later than 6 months before the release of the offender, the committee shall recommend if the offender should be released from prison or if they to pose too great a risk to release.

(10) If the committee recommends in favour of releasing the offender, the offender shall be released from prison on the date they are due to be released, subject to conditions laid down in accordance with the provisions of Section 5 of this Act,

(11) If the committee declares the offender poses too great a risk to release, the sentence of the offender shall be extended for a maximum of 5 years. The committee shall determine the amount of time to renew the sentence for, ranging from a minimum of 18 months to a maximum of 5 years

(12) The offender shall have the right to appeal the decision of the committee,

• (a) If the offender appeals, the case shall be decided by the High Court, who shall have the power to release the offender, or extend their sentence in line with the provisions laid out in this section,

Section 4: On-License Sentence and Conditions

(1) If the offender is to be released following the decision of the committee, outlined in Section 4, the committee shall be entitled, although not required, to impose conditions on that release.

(2) These conditions may include, although are not limited to:

• (a) That the offender does not enter a certain area, either completely, or at certain times.

• (b) That the offender is subject to a curfew.

• (c) That the offender seeks professional help for issues such as Anger Management or Addiction.

• (d) That the offender attend meetings with a social worker or other relevant professionals on a regular and reasonable basis.

• (e) That the offender is restricted from any other activity or action which would put them at risk of reoffending; endanger members of the public; or not be conductive to them being a functioning member of society.

(3) The Committee may impose these conditions for a period of time not less than 6 months, up to a maximum of 10 years.

(4) If the offender is suspected of breaching these conditions, they shall be recalled to prison initially.

(5) Following the recall of an offender to prison, the Sheriff Court shall determine if the offender did breach the conditions beyond a reasonable doubt.

(6) If an offender is found guilty of breaching the conditions, they shall remain in prison for the period of time these conditions would have remained valid, and the process under Section 4 shall start again at the relevant point in time.

Section 5: Release from License Conditions

(1) 6 months before the time-limit on the conditions, a committee shall be established to determine if the conditions should be extended or lifted.

(2) The committee shall consist of:

• (a) Three members of the Parole Board for Scotland, one of which shall chair the committee.

• (b) A criminal psychologist.

• (c) If relevant, the social worker dealing with the offender’s case.

(3) The committee shall determine the following:

• (a) If the offender is likely to re-offend if the conditions are lifted.

• (b) If the offender is likely to pose a threat to civilians or law enforcement if the conditions are lifted.

• (c) If the offender has found suitable and stable employment following their release from prison.

• (d) If the offender has reintegrated into civilian life.

• (e) Any other factors they believe are relevant to the particular case of the offender.

(4) If the committee is satisfied that the offender is unlikely to re-offend; is unlikely to pose a threat to civilians or law enforcement; has found work upon release; has reintegrated into civilian life; and there are no additional factors specific to the case which would be likely to cause issues without license conditions, then the committee shall recommend that the conditions be lifted.

(5) No later than 3 months before the date the conditions are due to expire, the committee shall recommend if the conditions imposed upon the offender should be lifted or extended.

(6) If the committee recommends in favour of lifting the conditions, any conditions imposed on the offender shall expire and no longer apply to the offender on the date they are due to expire.

(7) If the committee recommends that the conditions should not be lifted, the committee shall extend the conditions, and may review them to add new conditions or remove conditions.

• (a) The committee shall determine the amount of time to the conditions are to be reimposed for, ranging from a minimum of 12 months to a maximum of 5 years.

• (b) The process laid out in this section shall be carried out again at the relevant points during any extended conditions period, with the option to extend again or lift the conditions.

• (c) This cycle shall be permitted to go on indefinitely until either the offender dies or is deemed safe for the conditions to be lifted.

(8) The offender shall have the right to appeal the decision of the committee.

• (a) If the offender appeals, the case shall be decided by the Sheriff Court, who shall have the power to lift the conditions imposed on the offender or extend the conditions in line with the provisions laid out in this section.

Section 6: Commencement

This Act comes into force on the day after Royal Assent.

Section 7: Short Title

The short title of this Act is the Maximum Sentences (Scotland) Act 2020.

This bill was originally submitted by the Rt Hon Sir Duncs11 GCT KT KCB PC QC MP MSP (Angus, Perth, and Stirling) FRS on behalf of the Classical Liberals (pre-merger with the Conservatives)

This bill shall go to a stage 3 vote on the 17th July. Amendments will be voted on from the 14th to 16th July.