Criminal Proceedings in Scotland: 2023-2024

Appendix: Length of the Punishment Part of Life Sentences and OLRs

(Table A1)

The following section is designated as Official Statistics. The statistics here meet the standards set by the Office for Statistics Regulation in the Code of Practice for Statistics, but have not yet undergone the accreditation process.

High-level summary

The average punishment part for life sentences imposed in 2023-24 was 20.5 years.

The average punishment part for Orders for Lifelong Restriction (OLRs) imposed in 2023-24 was much shorter at 5.7 years.

The average punishment part of life sentences has increased in length gradually since 2004-05, while the average length of the punishment part of OLRs has broadly declined since their introduction in 2007-08 (Chart A1).

Chart A1. Punishment lengths for life sentences are consistently much higher than for OLRs.

Average length of punishment part of life sentences and OLRs[1], 2004-05 to 2023-24.

Introduction

These statistics cover the punishment part of sentences which do not have a set end point. These sentences are life sentences and Orders for Lifelong Restriction (OLRs). They were previously published as separate “official statistics in development” (and as “experimental statistics”) alongside the Criminal Proceedings Bulletin. The figures presented in this section are based on data from the Scottish Courts and Tribunals Service (SCTS) information management system. All other figures presented in this bulletin are based on data from the Criminal History System, except where otherwise stated. Data on punishment part length is only held in the SCTS system which is why we use a different source.

Key definitions

Life sentences are mandatory for murder and some terrorism crimes but may also be given for other very serious crimes. Life sentences include a punishment part which is the minimum period a person must serve in custody before they can be considered for release by the Parole Board for Scotland. The length of the punishment part is determined by the judge during sentencing. Note that some offenders given life sentences may never be released from custody if the Parole Board considers that they are still of risk to the public. If an offender is released from custody, they will remain “on licence” for the rest of their life. Being on licence means that the offender is still serving a prison sentence but may live in the community rather than prison. The conditions of a licence are set by the parole board and can vary between individuals. Offenders may be returned to custody if they breach the terms of their licence.

OLRs are lifelong sentences which can be given for violent and sexual crimes and are for public protection. They were introduced in 2007-08. Like life sentences, they also consist of a punishment part that must be served in custody before the offender can be considered for parole. If offenders given an OLR are released from custody, then they are closely supervised by social workers for the rest of their lives.

In general, the punishment part of an OLR will likely be shorter than for mandatory life sentences since the OLR is a risk-based sentence and the initial punitive element will be a lesser feature of the overall sentence than the fact a lifelong sentence is in place to manage the risk posed of the offender.

For figures on the number of life sentence and OLR cases considered for parole, numbers where release was directed, and time served in custody prior to release, please consult the Parole Board for Scotland’s Annual Report for 2023-24.

Data

The average punishment part of OLRs has been consistently much shorter than the average punishment part of life sentences since their introduction. Chart A1 shows the average punishment length for life sentences and OLRs.

The average punishment length for life sentences was 20.5 years in 2023-24. This is one year higher than in 2022-23 (19.5 years). The small number of total life sentences given each year (ranging between 14 and 41 over the 10-year span, see Table 10d) means that the overall average has fluctuated year to year. However, it is now generally higher than it was 10-15 years ago. Life sentences for murder make up most life sentences. In 2023-24 all life sentences issued were for murder.

Data for life sentences are presented from 2004-05 as this is the earliest year that data are available from SCTS’ case management system.

Chart A1 shows the average punishment length for OLRs, from 2007-08 when they were introduced to 2023-24. The average punishment length was 5.7 years in 2023-24, increasing from 3.5 years in 2022-23. Punishment lengths for OLRs are lower than life sentences, ranging between about three to eight years on average since they were introduced. The small number of OLRs given each year (between nine and 22 in the 10-year span, see Table 7a) and the variable nature of these convictions means the average will tend to fluctuate.

Points to note

Previously these statistics assigned sentences to a financial year based on verdict date. This approach has been reviewed and to be more comparable to the statistics in the rest of this bulletin these have been updated to be based on sentence date. The sentencing date typically follows the verdict date to allow a sentencing report to be prepared. As a result of this difference, the same case may now appear in a different financial year than when assigned by verdict date. This change has been backdated. Any differences between this year’s data and previous iterations are slight and the broad trends remain the same.

Previously these statistics provided an additional breakdown of life sentences into Murder and non-murder. This breakdown has been dropped this year as part of the move from verdict date to sentence date. Murder makes up most life sentences and in many years all life sentences were for Murder. Therefore, little difference was observed between the average punishment part length for all life sentences and just those for Murder. If this change causes any issues, we are happy to receive user feedback, see the Tell us what you think section for details.

A person may get a life sentence or OLR for multiple charges (described as “in cumulo” in court). The sentence is counted once per person, rather than for each charge, in the calculations for the average length of the punishment part presented in the tables. If a person received more than one life sentence or OLR in their lifetime in separate proceedings, then these would be counted as separate sentences. Where a person received a second life sentence this would typically be the result of proceedings for historical offences occurring after they already received their first life sentence.