Gagging order to be imposed on Tommy Sheridan as part of parole deal
Tommy and Gail Sheridan at the High Court in Glasgow. Picture: Robert Perry
TOMMY Sheridan, the former Scottish Socialist leader, is believed to be the first person in Scotland to be served with a ban on speaking in public as part of his parole conditions when he is released from jail on Monday.
The Scotsman has learned that the Scottish Prison Service (SPS) has imposed a unprecedented six-month gagging order on Sheridan, who has already signalled that he wants to play an active role in the pro-independence campaign, as part of a series of conditions that will effectively silence the former Glasgow MSP.
Last night, Paul McBride, one of Scotland’s leading QCs, said that the move was “almost unheard of” and suggested that the order had been imposed to save prison authorities from “embarrassment” at Sheridan’s release just one year into his three-year sentence for perjury.
Mr McBride also attacked the order as “silly and pointless” and warned that the prison service decision had set a “very dangerous precedent” for a democratic society.
Sheridan is thought to have been released on a home detention curfew, which involves “serving a sentence”, but where the sentence is served “in the community rather than in custody”.
During that time, the offender is still regarded as part of Scotland’s prison population.
Although the curfews have different conditions for specific individuals, such as being forced to wear an electronic tag, Sheridan is understood to be the first offender in Scotland to be banned from making public statements after release.
A prison service source said that Sheridan will be allowed to attend a press conference outside his Glasgow home on Monday afternoon, but will then be prevented from making any further public comments for a period of six months after his release from Castle Huntly open prison.
Mr McBride said he had rarely encountered such stringent restrictions.
“There’s a human rights issues, as I’ve never heard of someone being released and told don’t speak in public. It sets a very dangerous precedent,” he said.
“It’s not appropriate to a democratic society because if someone is released they are either part of society or they are not. If they are not fit to be released, then they should finish their sentence. There are rapists and murderers who have not had this condition imposed.”
The QC further claimed that the terms of the curfew could damage Sheridan’s ability to earn a living.
Mr McBride said: “Although Tommy’s unable to campaign for public office because of his conviction, it seems odd that there are restrictions being imposed about what sort of work he can do, particularly in the current economic climate.”
Under the terms of the curfew, Sheridan will be expected to observe the same conditions that have been imposed on him during the regular weekend leave breaks he has been allowed from prison.
The SPS source said that the condition was being imposed to ensure that Sheridan still faces “similar restrictions to those of a prison inmate” during the first few months of his parole. The former politician remains at risk of being recalled to prison if he speaks at political rallies or gives media interviews.
The Scotsman previously revealed that Sheridan previously had his week-long home leave from jail reduced to just three days by prison authorities, after the initial decision to grant him a week’s leave was made public.
Yesterday, Sheridan’s solicitor Aamer Amwar said that his client was “just going to read a statement” and will not be giving interviews at Monday’s press conference.
Mr Anwar declined to say what Sheridan would say, but issued a statement saying that the family had asked that their “privacy is respected”.
Sheridan is expected to be met at prison near Dundee by his wife Gail and sister Lynn, before heading home, where he will meet a group of close friends.
Mr McBride warned that the gag on Sheridan could prove pointless if others agree to speak for him.
“It’s an utterly ineffective and inefficient thing to do, as there’s nothing to prevent others speaking on his behalf. It’s silly and unnecessary, and probably challengeable in the courts,” he said.
Former Euro MP Hugh Kerr, who used to be Sheridan’s spokesman and part of his SSP inner circle, also said that the parole conditions would restrict his ability to earn a living.
He said: “It’s a great shame that we won’t have his voice contributing to the campaign for Scottish independence for a while.
“Given that part of the early release of prisoners is about rehabilitation, there’s a question about what Tommy’s supposed to do, as he’s a politician and campaigner.
“I would have hoped that the judicial authorities would have been more lenient over this.
“However, I’m sure he will make his voice heard in the campaign at the end of the period.”
Sheridan previously appeared at a social evening at a Glasgow city centre pub during a period of weekend leave, when he declined to speak to the media.
The left-winger was convicted of five counts of perjury relating to evidence he gave in his civil court case against the News of the World. He was initially awarded £200,000 in compensation but the newspaper appealed and won.
An official Scottish Prison Service spokesman said: “Someone on a home detentions curfew is still serving a sentence, it’s just that the sentence is being served in the community rather than in custody.
“Conditions are associated with home detention curfews, but these conditions are not universal and they do pertain to individuals.”
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Comments
There are 199 comments to this article
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AuldLochinvar
Sunday, January 29, 2012 at 05:09 PM#187 vistaero: is there any reason anybody in this thread should believe a single screaming word of your upper-case rants? You certainly haven't given us any references.
AuldLochinvar
Sunday, January 29, 2012 at 05:05 PMIn a free world that cared about truth, the proprietors of a lying newspaper and TV empire would receive such heavy sentences that the authorities wouldn't have time to bother with Tommy Sheridan's alleged perjury.
Ray Merrall
Sunday, January 29, 2012 at 08:24 AM2 Possible reasons, Firstly, as this is obviously a Political Decision, did someone in the Prison Service get in touch was gotten in touch with had a quiet chat off the record with KP or MacAskill? ..................................................................................................................... Or is this, as I suspect, someone one trying to be too smart for their own good and making a total SNAFU? ..................................................................................................................... Obviously, who ever made the decision has no understanding of recent history esp. when the gagging order was applied to Sinn Fein officials and how the media got around it.
Charlie McFarley
Sunday, January 29, 2012 at 01:41 AM#126: "Kezia Dugdale, MSP".......How many votes did she get?....None, she was put in place via the labour liars list.
Charlie McFarley
Sunday, January 29, 2012 at 01:34 AM#170: no longer will British politicians broon-nose Murdoch........Let's hope you are right. However, culture secretary (and star of rhyming slang) Jeremy Hunt is due to renew (or cancel, it is to be hoped) an arrangement whereby every year the BBC gives BSkyB £10 million of licence payers' money to retransmit BBC television and radio services. In no other Western country does such a perverse deal exist. Quite the reverse - in USA, Murdoch charges cable TV firms hundreds of millions for the right to air his programmes. Hunt is known to be an admirer of Murdoch so it will be interesting to see if he acts in the interests of a foreign-run corporation or his own electorate.
Belinda-2
Sunday, January 29, 2012 at 01:03 AM#143 Bill, Dunblane. I would put my name to it too.
kaise7
Saturday, January 28, 2012 at 11:34 PMIm in two minds about this. On one hand he is still within the time frame where his sentence is considered punitive and his Home Detention Curfew is a privelage not a right. If he is still effectively under sentence for perjury should he really be allowed to freely influence politics ? Im not so sure he should be for the six months at least although acknowledge it sounds draconian and is probably, in my view against human rights. On the other hand, as someone who works in a criminal justice context I have never heard such a condition being placed on a person, conditions on Release Orders or Parole Licence are generally focused on the principle of publiccommunity safety and aside standard conditions such as the offender remaining of good behaviour, staying in approved accomodation etc usually only have added conditions where these are required to keep both the public and offender safe. How is a politician talking not of good behaviour ? How is him talking a public safety concern ? It seems to me at least he is being victimised. Even the most diabolical types of offenders, once released on licence are allowed to express there opinions when on licence, its too far in my opinion. Quite scary actually.
SPIT ROYSTING
Saturday, January 28, 2012 at 10:34 PMVistaero. Were the Masons and sacrificial virgins involved as well? Perhaps the reason you and your pal aren't being pursued is because you know too Much....or yer a pair oh mentals just sitting in a bath of keek flinging it about and drooling...(
SPIT ROYSTING
Saturday, January 28, 2012 at 10:34 PMVistaero. Were the Masons and sacrificial virgins involved as well? Perhaps the reason you and your pal aren't being pursued is because you know too Much....or yer a pair oh mentals just sitting in a bath of keek flinging it about and drooling...(
Simonsaid
Saturday, January 28, 2012 at 10:18 PM#189 ali2011 - They said we would never be elected. They said we would never have a majority. Guess who Im betting on? ================================================= Guess what: the bookies always win in the end, so take my advice and keep in your money in your pocket as third time around could be your unlucky number.
ali2011
Saturday, January 28, 2012 at 10:05 PMThey said we would never be elected. They said we would never have a majority. Guess who Im betting on?
INDEPENDENCE
Saturday, January 28, 2012 at 09:14 PMhttp:www.bbc.co.uknewsuk-scotland-14053649 A Labour MP told the Commons the News of the World scandal could make Tommy Sheridan's perjury conviction unsound. Tommy Sheridan perjury conviction 'unsound', MP claims
vistaero
Saturday, January 28, 2012 at 09:07 PM104 Tightfisted My friend already has a one hour and sixteen minute recorded meeting with the NAZI Salmond up on the Internet. It was about MASSIVE FRAUD, MONEY LAUNDERING AND THE PROCEEDS OF CRIME, PERPETRATED ON THE DWP, all detailed to the NAZI SALMOND. Evidence was produced by among others Government Solicitors and Advocates, but the Criminal Protector Salmond refused to do anything about it. So he is now also involved in MONEY LAUNDERING, FRAUD AND THE PROCEEDS OF CRIME. Why does the NATZI SALMOND not take my friend to Court, because he is CHICKEN SH_T. Criminal and fraud protectors like Salmond do not go to court or take people with evidence of fraud and criminality to court. I challenge Salmond to take my friend to Court, and you being his BUM BOY MAY BE ABLE TO PERSUADE HIM TO DO SO, My friend would welcome seeing the Nazi Slamond in Court. HE IS GUTLESS, he needs to be protected by all his other Nazi Criminal Protecting SNP MSPs. And the CROOK MULHOLLAND HAS THE EVIDENCE ALSO, AND HE IS DOING NOTHING, SO HE IS ALSO INVOLVED IN MONEY LAUNDERING, FRAUD AND THE PROCEEDS OF CRIME, NOW ISNT THAT A SURPRISE, AS BOYD AND ANGIOLINI WERE ALSO INVOLVED IN THIS FRAUD.
INDEPENDENCE
Saturday, January 28, 2012 at 08:43 PM143 Bill Dunblane, I'll also put my name to it.
INDEPENDENCE
Saturday, January 28, 2012 at 08:33 PM#140 Barry Lees.. I totally agree with you.
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