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Child sex attacker freed on bail Child sex attacker freed on bail
(about 1 hour later)
A sex attacker has been freed on bail despite a Crown attempt to keep him locked up.A sex attacker has been freed on bail despite a Crown attempt to keep him locked up.
John Bermingham, 43, was jailed in 2002 for attempting to rape an 11-year-old girl and sexually assaulting a teenager. John Bermingham, 43, was jailed in 2002 for attempting to rape an 11-year-old girl and sexually assaulting a teenager in Edinburgh.
After being released from prison last year, he was banned from using buses during school travel times. After being released from prison, he was banned from using buses during school travel times.
He was sent back to jail in November after allegedly being caught on the vehicles in Carronshore and Falkirk.He was sent back to jail in November after allegedly being caught on the vehicles in Carronshore and Falkirk.
Human rights
Father-of-five Bermingham was jailed for nine years for the attempted rape and sex attack, which were carried out on the same day in Edinburgh.Father-of-five Bermingham was jailed for nine years for the attempted rape and sex attack, which were carried out on the same day in Edinburgh.
Police went to Falkirk Sheriff Court in November last year and secured a Sexual Offences Prevention Order (Sopo) which placed restrictions on Bermingham, including the bus ban.Police went to Falkirk Sheriff Court in November last year and secured a Sexual Offences Prevention Order (Sopo) which placed restrictions on Bermingham, including the bus ban.
Bermingham is mounting a human rights challenge against the restrictions.Bermingham is mounting a human rights challenge against the restrictions.
Mr Bermingham's conduct in the community will continue to be supervised by the local authority Scottish Government spokesman
His solicitor advocate Ann Ogg told the Court of Criminal Appeal in Edinburgh that a decision over the granting of legal aid for a civil action was still awaited.His solicitor advocate Ann Ogg told the Court of Criminal Appeal in Edinburgh that a decision over the granting of legal aid for a civil action was still awaited.
She said she sought bail on Bermingham's behalf as the procedure for challenging the Sopo was likely to take a considerable length of time.She said she sought bail on Bermingham's behalf as the procedure for challenging the Sopo was likely to take a considerable length of time.
Advocate depute Dorothy Bain QC said the Crown opposed bail because he posed a risk to the public.Advocate depute Dorothy Bain QC said the Crown opposed bail because he posed a risk to the public.
However, Lord Osborne, sitting with Lord Reed and Lord Brodie, said they were prepared to grant Bermingham bail and have him released from prison.However, Lord Osborne, sitting with Lord Reed and Lord Brodie, said they were prepared to grant Bermingham bail and have him released from prison.
The senior judge said they took into account that the proceedings may be of indeterminate length.The senior judge said they took into account that the proceedings may be of indeterminate length.
Lord Osborne told him he would have to stay at a specific address and register daily at a nearby police station.Lord Osborne told him he would have to stay at a specific address and register daily at a nearby police station.
A Scottish Government spokesman said: "Mr Bermingham's conduct in the community will continue to be supervised by the local authority.
"A serious breach of licence could result in the licence being revoked and the offender being returned to custody for the remainder of his sentence.
"Relevant sex offenders released to the community are also required to comply with the notification requirements of the sex offenders register and will be subject to the multi-agency public protection arrangements involving police and other criminal justice agencies."