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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 per cent 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.

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.”
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