O'Leary v HM Advocate

Sentencing – Human rights – Order for lifelong restriction – Risk assessment report High Court of Justiciary: In a case in which a High Court judge referred an issue relating to the preparation of a risk assessment report where the court was considering making an order for lifelong restriction on a convicted person to a bench of three judges, the court held that the questions in the reference, namely whether s 210 of the Criminal Procedure (Scotland) Act 1995 was incompatible with the provisions of arts 6(1) or 6(2) of the European Convention on Human Rights in so far as the risk assessor might, 'take into account any allegation that the person has engaged in criminal behaviour (whether or not that behaviour resulted in prosecution and acquittal)', fell to be answered in the negative.

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