Lady Poole issues human rights warning to MSPs in judgement

Lady Poole made the observation in a written judgment on a judicial review brought to the Court of Session by convicted Helensburgh rapist Ben Slee. 

He was given an order for lifelong restriction (OLR) by Lord Beckett at the High Court in Dunfermline in June 2017 for abusing six women, who cannot be named for legal reasons. 

The court heard how Slee raped one woman and attempted to rape another. 

Lord Beckett ordered that he serve a minimum of six years before he could apply for parole. 

However, the judge warned him that he would only be released once the parole board were satisfied that he no longer posed a risk to public safety. 

The Court of Session heard that Slee’s minimum term - the 'punishment part' of the OLR - expired on September 1, 2022, six years after he was remanded in custody following a jury's guilty verdicts.

READ MORE: 'Psychopathic' Helensburgh rapist jailed for 13-year campaign of terror against six women

Lady Poole heard how in order to convince the parole board that he no longer poses a threat to women, Slee has to complete a rehabilitation course called the Self Change Programme. 

Lawyers for Slee, who is now aged 38, told the court that he hadn’t been given access to the scheme and he wasn’t set to get a place until March 2025. 

Slee’s legal team told the court that the delay breached article 5 (1) of the European Convention on Human Rights - the right to liberty. 

In the judgement, published on May 2, Lady Poole agreed with arguments made by Slee’s advocate David Leighton that the inmate’s human rights had been breached. 

And she said that if parliamentarians passed legislation without providing adequate means for rehabilitation then other prisoners could have their rights breached. 

She wrote: “The underlying reasoning of the European Convention on Human Rights is relevant. It is open to the Scottish Ministers to promulgate, and the Scottish Parliament to pass, legislation providing for sentences such as OLRs (and offences which lead to their imposition). 

“But if such legislation is passed without proper planning for prisoners likely to be incarcerated under it, including provision of appropriate courses for rehabilitation, the consequences may include human rights being violated.”

During earlier proceedings, a jury found Slee guilty of 29 charges.

READ MORE: Judge's comments say rapist Ben Slee 'poses high risk to public at large'

Four of his victims were beaten viciously and sexually assaulted, and another was slapped and kicked in a house in Helensburgh.

The abuse started in 2002 and carried on for 13 years at various locations in Helensburgh, Garelochhead, Glasgow and Edinburgh.

One victim, aged 29, who Slee tried to rape, told his trial at the High Court in Glasgow that he had threatened to pour acid in her face or petrol bomb her parents’ home and car if she went to the police.

A second victim, aged 32, told the trial that Slee had pulled her head under the water while she was having a bath, and that on other occasions she would wake up to find him having sex with her.

Another woman, a 29-year-old mum of two, told the trial Slee would become aggressive if he saw her even looking towards another man.

She said Slee had attacked her at a house in Helensburgh in 2004, causing her excruciating pain, and told the court that “the look in his eyes was pure evil”.

A fourth victim, aged 27, told Slee’s trial that he had subjected her to “constant mental abuse”, calling her “ugly and fat” and saying that she would “never be anything without him”.

READ MORE: Police chief praises bravery of Helensburgh sex monster's victims after Ben Slee handed 'lifelong restriction' order

After he was convicted, the court ordered a detailed assessment of the risk Slee posed to women in the future.

Speaking to the court before the sentencing, clinical psychologist Dr John Marshall said Slee was in “extreme denial” about his behaviour.

He added: “There is an extraordinary level of denial even about minor matters.”

Dr Marshall said Slee had a psychopathic personality and posed a high risk of committing further sexual violence in the future.

Judge Lord Beckett said: “It’s clear from the victim impact statements that the offending has had very profound effects on them.”

He added that there had be “no insight, no remorse” shown by Slee.

It later emerged that Slee had been attacked while he was in prison awaiting sentence.

Another sex offender, Neil Mackintosh, lunged at Slee within Barlinnie prison in Glasgow  while wielding a toothbrush with razor blades melted into it.

Slee’s lawyers took the Scottish ministers to court for the judicial review because they are responsible for prisons in Scotland. 

In the judgement, published on May 2, Lady Poole described the crimes committed by Slee as being “despicable”. 

READ MORE: Helensburgh rapist attacked in prison by fellow sex offender armed with toothbrush

But she said the circumstances surrounding Slee being unable to access the course meant that he had had his rights breached.

She wrote: ‘Balancing all considerations, and taking into account the outcomes in decided cases, the 20 month period of delay in accessing the SCP since the punishment part of the petitioner’s sentence is not excusable. 

“Without access to that course, and without the wide range of access to other rehabilitative coursework seen in decided cases, the petitioner’s ability to demonstrate reduced risk to the Parole Board is so severely compromised that he has not been provided with a real opportunity of rehabilitation. 

“The circumstances of this particular case are sufficiently exceptional that the high threshold for a violation of Article 5(1) is met. 

“The petitioner’s rights under Article 5(1) of the European Convention on Human Rights have been breached.”

Lawyers for Slee sought damages. 

However, Lady Poole decided not to award damages, and simply made an order stating that human rights had been breached.

She added: “I therefore grant declarator that the Scottish Ministers are in breach of the petitioner’s rights under Article 5(1) of the European Convention on Human Rights.

“The petitioner also sought damages under section 8 of the Human Rights Act 1998.

“In this case, the just and appropriate remedy is the declarator granted, and damages are not necessary for just satisfaction.”

Slee was moved from Barlinnie to Glenochil prison in Clackmannanshire on October 11, 2017, and remains there today.

A Scottish Government spokesperson said: "“Scottish Ministers are carefully considering the terms of the decision by Lady Poole. It is not appropriate to comment on what remains a live litigation”.