This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/scotland/tayside_and_central/8144470.stm
The article has changed 3 times. There is an RSS feed of changes available.
Version 0 | Version 1 |
---|---|
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 in Edinburgh. | |
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. |
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." |