Stricter controls on curfew breaches proposed in bill amendments

Police could be given new powers of entry and search for an offender unlawfully at large from home detention curfew (HDC) or temporary release, as part of proposals to strengthen electronic monitoring.

Justice Secretary Humza Yousaf has tabled amendments to the Management of Offenders Bill, stage 2 of which begins before the Scottish Parliament’s Justice Committee tomorrow (2 April), including creating a statutory offence in cases where an individual does not return immediately to custody when their licence has been revoked.

The creation of an offence of remaining unlawfully at large was originally recommended by HM Inspectorate of Constabulary Scotland in its review of Police Scotland’s response to a breach of HDC.

If approved, the amendments would strengthen the sanctions available when an offender on licence is recalled to prison to serve the remainder of their sentence.

Other Government amendments include a proposal to prevent prisoners serving long-term sentences from accessing HDC, and a much broader power for ministers to revoke a HDC licence and recall an offender to prison.

Mr Yousaf commented: “The Management of Offenders Bill is a key part of our wider work to reform the justice system and enhance public safety. Scotland’s reoffending rate is at a 19 year low and the continued expansion of electronic monitoring increases the options available to manage and monitor people serving all, or part, of their sentence in the community.

“Last year we accepted all the recommendations of HM Inspectorate of Prisons for Scotland and HM Inspectorate of Constabulary in Scotland in their independent reports into the use of HDC.

“By creating a specific offence of remaining unlawfully at large and introducing changes to the rules around HDC we will further strengthen this important part of our justice system which prepares prisoners for release, reintegrates them into the community and reduces the risk of them reoffending.”