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Sheriff's anger at early release Sheriff's anger at early release
(about 1 hour later)
A sheriff has criticised a "nameless official" over the early release of a youth who committed further crimes while on a home curfew order.A sheriff has criticised a "nameless official" over the early release of a youth who committed further crimes while on a home curfew order.
Sheriff Robert Dickson said Jason Jarvie had been free to re-offend because an official had ignored a judicial decision. Sheriff Robert Dickson said Jason Jarvie, 20, from Coatbridge, had been free to re-offend because an official had ignored a judicial decision.
He was freed from a young offenders' institution less than a third of the way through a 15-month sentence.He was freed from a young offenders' institution less than a third of the way through a 15-month sentence.
He had a history of breaching tagging orders and offending while on bail.He had a history of breaching tagging orders and offending while on bail.
At Airdrie Sheriff Court, Sheriff Dickson said in such circumstances a sheriff could no longer give assurances over public safety.At Airdrie Sheriff Court, Sheriff Dickson said in such circumstances a sheriff could no longer give assurances over public safety.
Jarvie was ordered to be detained in March 2007 following a series of crimes including violence, dishonesty, public disorder, failure to attend court, drugs misuse and committing offences on bail.Jarvie was ordered to be detained in March 2007 following a series of crimes including violence, dishonesty, public disorder, failure to attend court, drugs misuse and committing offences on bail.
The court heard that he pleaded guilty to causing malicious damage to a house in Airdrie, North Lanarkshire, on 1 October while on probation and subject to a home curfew order.The court heard that he pleaded guilty to causing malicious damage to a house in Airdrie, North Lanarkshire, on 1 October while on probation and subject to a home curfew order.
I and every other sheriff can no longer give any assurance to the public that they are going to be protected for any particular period if our decisions can be overruled Sheriff Robert Dickson Sheriff Dickson said that given his past pattern of behaviour, it could "have come as little surprise to anybody" that he re-offended after being released in August.   I and every other sheriff can no longer give any assurance to the public that they are going to be protected for any particular period if our decisions can be overruled Sheriff Robert Dickson Sheriff Dickson, who is president of the Sheriffs' Association, said that given Jarvie's past pattern of behaviour, it could "have come as little surprise to anybody" that he re-offended.  
But he reserved his strongest criticism for the official who had taken the decision.But he reserved his strongest criticism for the official who had taken the decision.
He said: "When you should have been incarcerated and innocent homeowners should have been protected from your mindless behaviour, some nameless official has chosen to ignore a judicial decision, to turn an apparent blind eye to your past record of ignoring curfews and to allow you the freedom to damage the property of somebody you did not know.He said: "When you should have been incarcerated and innocent homeowners should have been protected from your mindless behaviour, some nameless official has chosen to ignore a judicial decision, to turn an apparent blind eye to your past record of ignoring curfews and to allow you the freedom to damage the property of somebody you did not know.
"There can be no doubt that had you remained in the young offenders' institution for the time selected by the sheriff, this crime could not have been committed."There can be no doubt that had you remained in the young offenders' institution for the time selected by the sheriff, this crime could not have been committed.
"I and every other sheriff can no longer give any assurance to the public that they are going to be protected for any particular period if our decisions can be overruled by a person who has neither heard the facts of the case nor had any input to the judicial decision to select a particular length of custody.""I and every other sheriff can no longer give any assurance to the public that they are going to be protected for any particular period if our decisions can be overruled by a person who has neither heard the facts of the case nor had any input to the judicial decision to select a particular length of custody."
Sheriff Dickson deferred sentence on Jarvie until next month to allow a new probation report to be prepared.Sheriff Dickson deferred sentence on Jarvie until next month to allow a new probation report to be prepared.