Watched For Life: Sex Attacker Faces New Sentence

A violent sex offender has made legal history by becoming the first person in the UK to be assessed for a new kind of sentence that will last the rest of his life. Colin Ross is now on the verge of being subject to intensive supervision while in jail and after his eventual release for the attempted murder of an American tourist in an attack which has left her in a coma.

The new Order for Lifelong Restriction (OLR) is unique to Scotland and was introduced in June as the latest weapon against dangerous and violent criminals.

A team of experts, including forensic psychiatrists and psychologists, are now compiling a risk assessment report prior to Ross, 34, being sentenced. If the judge, Lord Wheatley, decides to impose the order, the prison service and local authorities will have to put together a strict programme of rehabilitation and monitoring for him, which would be reassessed regularly.

Last month at the High Court in Paisley, Ross, 34, admitted attempting to murder Marty Layman-Mendonca, a teacher from Vermont, during a sustained assault with a metal pipe and boulder in July this year near Inverness.

In July 2003, Ross, of Inverness, was sentenced to two years for breach of the peace after being arrested in the Culcaboch area of the city with what may have been a “rape kit” to help him commit assault.

In May 2004, while wearing a balaclava and gloves, Ross attacked a German holidaymaker, Ina Bruns, 36, near Cawdor Castle. He was sentenced to three years but released early on June 9 under a supervision order.

Less than a month later, despite the Sexual Offences Prevention Order, he attacked Ms Layman-Mendonca.

Northern Constabulary were so concerned about the risk he posed that on June 29 – six days before the attack – they were granted a Sexual Offences Prevention Order (Sopo) banning Ross from approaching women or wearing a balaclava.

The order also banned him from leaving home for more than 24 hours without police permission and from getting a job or voluntary work without written approval. When arrested, Ross told police: “I am a danger to the public, I don’t deserve to be walking about.”

In 1999 a committee chaired by Lord MacLean, the retired High Court judge, was commissioned by the UK government to consider the provisions available to deal with the most serious offenders.

A Risk Management Authority (RMA) was created to manage the “assessment and minimisation” of serious violent and sexual offenders and to oversee the introduction of OLR.

The RMA accredits the assessors and has to approve the programme and check on its progress. If the prison service or local social services fail to deliver the programme they could be taken to court.

Roisin Hall, the RMA chief executive, said: “We have issued standards and guidelines for compiling risk assessment reports. This will ensure the judge receives a consistent and high standard of report on which to base his findings.”

The news comes as ministers in England and Wales were accused of a serious failure yesterday after new figures showed more than 60 rapes, murders and other serious crimes were committed by offenders let loose in the community.

The most up-to-date figures for Scotland reveal there are 3245 registered sex offenders.