Scottish Human Rights Commission warns of human rights breaches in lifelong prison sentences

The Scottish Human Rights Commission publishes a discussion paper raising serious concerns about the use of Orders for Lifelong Restriction (OLRs) in Scotland. 

OLRs are indeterminate prison sentences imposed on people to protect the public from the risk of serious harm. They have no fixed release date and include lifelong supervision in the community if release is granted. 

The human rights analysis warns that:

  • People in prisons on OLRs are likely to be experiencing breaches of their rights to liberty and respect for private and family life under the European Convention on Human Rights (ECHR).
  • Prolonged uncertainty over release could cause severe psychological distress, risking treatment that may be considered inhuman or degrading.
  • Scotland is failing to fully meet its obligations under the International Covenant on Civil and Political Rights.

The paper states that 92% of OLR prisoners who have completed the “punishment part” of their sentence remain in prison, often for many years, because they cannot access the rehabilitation programmes needed to progress towards release.

The Scottish Human Rights Commission is not calling for the abolition of OLRs at this stage, but for urgent consideration by the Scottish Government and Scottish Parliament of whether the administration of OLRs meets Scotland’s human rights obligations.

Our paper sets out specific questions that require attention. This includes the introduction of safeguards such as:

  • Regular review to ensure continued detention is justified.
  • Better access to rehabilitation and progression opportunities.
  • Examination of disproportionate impacts on specific groups including people with autism and neurodivergence.

The human rights framework recognises both the need to punish crimes and to manage risk. Victims' human rights and public safety must be protected. At the same time, there must be a sensitive balance – ensuring the State does not act disproportionately and that people are given real opportunities for rehabilitation.

Read the discussion paper online.  

Professor Angela O’Hagan, Chair of the Scottish Human Rights Commission, said:

“Orders for Lifelong Restrictions must comply with Scotland’s human rights obligations.

“Right now, too many people serving Orders for Lifelong Restrictions face indefinite detention without a clear path to release – and that puts Scotland at risk of human rights breaches.”

“We have shared this paper with the Scottish Government and the Criminal Justice Committee of the Scottish Parliament to inform future debate. We recommend taking account of the views of people with lived experience, including victims.”

ENDS

For media enquiries, please contact media@scottishhumanrights.com or Judy Fladmark on 07880 398530.

Notes to editors:

  1. The intention of this paper is to present a human rights analysis of how OLR sentences operate. This paper is not intended to take a position on the reform or abolition of OLRs.
  2. The Imprisonment for Public Protection (IPP) sentence, an indeterminate sentence in England and Wales was abolished in 2012 due to extensive criticism and reforms have taken place to end lifetime supervision for some prisoners. There are differences between an OLR in Scotland and an IPP.
  3. You can read more about our spotlight work on absolute rights in places of detention.
  4. The Scottish Human Rights Commission is Scotland’s human rights watchdog. It is an independent public body, created by the Scottish Commission for Human Rights Act 2006, to protect and promote the human rights of all people in Scotland.
  5. The SHRC is also part of the international human rights system. As Scotland’s National Human Rights Institution (NHRI), it is accredited by the United Nations as a trusted organisation to provide impartial evidence on human rights in Scotland. Find out more at www.scottishhumanrights.com