RAPE campaigners last night called for a review of the law after a sheriff admitted he was unable to ban a brutal sex offender from being alone with young girls.
David McMillan, a stalker and drug addict, is believed to pose a "very high risk" of striking again. Sheriff Robert McCreadie had wanted to prevent him from working with children or going into schools or play parks, but as he was only sentenci
ng McMillan for breaching a curfew, he had no power to do so.
Instead, he called on Tayside Police to seek a Sexual Offences Prevention Order (SOPO). The force has obtained one under which Robert Basterfield, a serial stalker, is banned from being alone with women. The force will look at McMillan's case.
Last night, Sandy Brindley, the national co-ordinator for Rape Crisis Scotland, said: "If there are circumstances where the sheriff thinks such an order is warranted, it's concerning to us that he cannot impose it and this is something which should be looked at."
Bill Aitken, the justice spokesman for the Scottish Conservative Party, said: "I think Sheriff McCreadie has a point in that his powers in this matter were limited and it may well be that we need to look at the legislation."
McMillan, 31, was sentenced a year ago to 18 months in jail for propositioning a 13-year-old girl at a play park. He was released early on 16 July with a condition to stay at home at night.
The tagging order was broken on 19 July and he was returned to jail to serve the remainder of his sentence. Perth Sheriff Court was told yesterday that he would now be released on 22 February.
Sheriff McCreadie said he had wanted to place McMillan, of Carnegie Place, Perth, on a SOPO to protect the public.
The order would also have banned the rapist – who admitted breaching the curfew – from working with children or going anywhere large numbers of youths might gather.
But the sheriff said: "I am satisfied I have no power to make any such order. I am dealing with a breach of a supervised release order. I am not dealing with an offence covered by the legislation."
He said it was up to Tayside Police to seek such an order and that the details of the case should be passed to the chief constable by the procurator fiscal.
Last night, Detective Superintendent Jim Cameron of Tayside Police said: "We will look into the sheriff's findings and recommendations."
McMillan was jailed for life – later reduced to nine years – in 1996 for raping a 73-year-old retired teacher after breaking into her home. He was placed on the sex offenders' register for life.
In January 2006, he followed an 18-year-old home through the centre of Perth and later admitted stalking her.
The full article contains 483 words and appears in The Scotsman newspaper.
