Analysis: If this were done in another country, we would be outraged
Tommy Sheridan promoting his festival chat show in 2007. Picture: Phil Wilkinson
I HAVE never heard of a condition like this being imposed, although I’m aware that there are restrictions on serving prisoners being able to speak to the press.
People subjected to home detention curfews are counted as part of the prison estate, but this restriction on Tommy Sheridan strikes me as being a very unusual one.
It is also potentially a very worrying one, as most people released from prison would be in a position to speak to the media if that situation were to arise. It’s simply that they would not be allowed to profit from it.
I would certainly question the reasons for it, as Mr Sheridan has a significant profile and might have expected to be able to talk publicly about various issues.
He might also have expected to have been asked about his conviction for perjury, as this will be reported upon by the media in the same way as it was with Jonathan Aitken and Jeffrey Archer.
Also, Mr Sheridan could contribute to the debate about prison, as he’s someone who comes from a background of caring about poorer people and many of those in prison will be people from poorer backgrounds. Many people would be interested to know what his views were.
But there’s a real concern about the principle at the heart of this because if this were to be done in another country we would all be pretty outraged about it.
The Tommy Sheridan case was always fairly unusual, but once this sort of condition is imposed it sets a dangerous precedent. One thing that would be particularly worrying is if someone challenging a conviction, who was released from prison, was to be told that they couldn’t speak about it. That would have very serious implications for justice in Scotland, which is one of the reasons why this restriction imposed on Mr Sheridan is so worrying.
It’s a condition that I have never heard of before in any cases in Scotland.
• John Scott, QC, is vice-president (crime) in the Society of Solicitor Advocates
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Wednesday 23 May 2012
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Comments
There are 16 comments to this article
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Tartancult
Wednesday, February 1, 2012 at 12:19 AMActually, it was Evelyn Beatrice Hall who said it #15, Tallentyre was her pseudonym. Not trying to be a smarty pants, just thought it might interest you. As for John Scott "worrying" about Tanny Sheridan being gagged, I would be more worried were he not.
Bill Brown
Tuesday, January 31, 2012 at 06:53 AM#2 BillDunblane "I disapprove of what you say, but I will defend to the death your right to say it." Voltaire Popular misconception, it wasn't Voltaire who said this, it was SG Tallentyre describing Voltaire's attitude. Not trying to be a smarty pants, just thought it might interest you.
Dave scotland
Monday, January 30, 2012 at 05:14 PMNo wonder we read about all the horrible deeds done to people. Rapes, OAP,s battered, etc. Why do criminals only do a very short part of their jail time. Here was a lying politician took money off a newspaper for printing a story that he said was a lie. Then we find out it was indeed true. He lied under oath. Got caught sentenced and only does a third of the sentence. Now he has the cheek to moan about not being able to talk to the press. Keep him in jail till the jail time is up. Then he can talk all he wants.
Simonsaid
Sunday, January 29, 2012 at 03:42 PMThis man’s lies have so far cost the taxpayer in excess of £5 million at a time when the country is on the brink of a recession. Now he is about to embark on another raid of our finances in pursuit of his own conceit – the guy has no shame. ================================================= Of course he is not wholly to blame for this sickening waste of resources and money, the Scottish government needs to get a grip on such abuse of our judicial system. However, there is not much chance of that happening when Alex Salmond and his party are happy with the ECHR being the court of last resort and lording it over the Scottish courts. Ok that is what is also happening in the rest of the UK but at least Cameron is challenging their interference whilst Salmond is not. ================================================= Another bone of contention is the nonsensical sentencing regime. Judges glibly hand down sentences knowing that they will bear no relationship to the sentence which is eventually served. Sheridan’s case is the perfect example – he gets sentenced to three years. Does FIVE MONTHS in a real jail and SEVEN MONTHS in a pretend jail (open prison) then he is released into the community Normally, a prisoner is eligible for parole after having done half their sentence. How come Sheridan has got parole after only having done a third of his? Surely, keeping his big lying mouth shut is a small price to pay for being allowed to only serve one third of his sentence
Scat Rabies
Sunday, January 29, 2012 at 10:59 AMWhy not ban him sine die ? This would save him from making an eejit of himself every time he opens his gob . Although I suppose I'd miss the laughs ....
Tartancult
Saturday, January 28, 2012 at 07:57 PMI would rather gag most of the posters on here than Tanny Sheridan - on second thoughts, lets gag him, his wrinkly wife and every poster on here who is "outraged" every time common sense is applied - as it is here.
Alicia Murray
Saturday, January 28, 2012 at 10:30 AMThis gagging order is appalling and it has to be lifted. The person who thought this up is abusing their power.
Hearthammer
Saturday, January 28, 2012 at 09:57 AM#7, Blantyre Bill. Last of the tartan tories!
Hearthammer
Saturday, January 28, 2012 at 09:56 AMIf ever there was a case to be appealed, this is it! Come on Kenny M, get yer finger out and strike down this illegal condition!
Blantyre Bill
Saturday, January 28, 2012 at 09:31 AMThis problem could have been avoided by having him serve the remaining 2 years of his sentence in prison.
wirehappy
Saturday, January 28, 2012 at 09:31 AMComment removed by moderator
Willie Boy
Saturday, January 28, 2012 at 02:55 AMSomething is seriously rotten and Macaskill needs to step in lest the Scottish Government get tainted with Westminster style corruption And questions need to be asked about the vigour with which the police spent millions investigating Sheridan. Seems they didn;t have the same vigour investigaing coulson, brooks, the Met Commisioer of Police and the Prime Minister. So, has the Scottish judicial and police been nobbled. Seems so, and Macaskill needs to explain why.
christelijk_recht
Saturday, January 28, 2012 at 01:16 AMThose responsible for this decision need to be exposed, excoriated, and then sacked. There is simply no excuse, and there should be no place in the justice system for decision-makers this cosmically dumb. I am not a fan of Sheridan, and this will have the effect of amplifying he has to say - I don't see it shutting him up for long. What then, put him into jail again for legal speech? You will turn him into a martyr, overnight. ..................................................................................................................... Who was the Einstein that approved this? Which of the two neurons comprising his brain did he use to think this up? The left or the right? You would surmise no higher primate could be this dingbat stupid. Apparently, you would be wrong. Were I the Justice Minister, I'd be apoplectic about now.
Tiny
Saturday, January 28, 2012 at 12:51 AMI dislike Sheridan and his politics but this gagging order is very wrong.if they want to gag him keep him in prison, if he is out of prison he should enjoy freedom of speech. This is supposed to be a democracy, did Archer or Devine or any of the multitude of unionist convicts ever face the same order? Thought not!
BillDunblane
Saturday, January 28, 2012 at 12:49 AM"I disapprove of what you say, but I will defend to the death your right to say it." Voltaire
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