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In his BBC interview yesterday, aimed at reassuring voters than violent offenders would not be released early, PM Burnham suggested that ending ‘controversial indefinite sentences’ might free up space in prisons.
However, the BBC notes – Ending indefinite sentences will require new legislation, meaning it could be years before space is freed up.
Are there indefinite jail sentences in Scotland?
Scotland uses Orders for Lifelong Restriction (OLRs), introduced in 2006 under the Criminal Justice (Scotland) Act 2003. These are indeterminate (no fixed release date) sentences available only from the High Court for certain serious violent or sexual offences (not murder, which already carries a mandatory life sentence). https://www.scottishsentencingcouncil.org.uk/sentencing-information/custodial-sentences/
Are there any plans to end the use of these OLRs?
The Scottish Government has defended OLRs as a public-protection sentence used only after a structured risk assessment, with release decided by the Parole Board when it is satisfied that imprisonment is no longer necessary. That line was still being used in 2025 and there is no published post-election policy to scrap the sentence. After the May 2026 Scottish Parliament election, Neil Gray became Cabinet Secretary for Justice; nothing public so far shows a decision to discontinue OLRs. https://www.bbc.co.uk/news/articles/cp8j1rmjk04o
Are there any plans by media operating in Scotland to tell you this?
Don’t be silly.
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