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| Version 1 | Version 2 |
|---|---|
| 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 originally 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 at school travel times to protect children. | |
| 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. |
| Following his release from prison, police went to Falkirk Sheriff Court in November and secured a Sexual Offences Prevention Order (Sopo). | |
| The Sopo placed several 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 | 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. |
| 'Serious danger' | |
| A Scottish Government spokesman said: "Mr Bermingham's conduct in the community will continue to be supervised by the local authority. | 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. | "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." | "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." |
| Labour's Paul Martin has called on the justice secretary Kenny MacAskill to take urgent action following the release. | |
| He said: "It is another example of the justice system being more concerned about the rights of criminals rather than the rights of victims." | |
| Conservative justice spokesman, Bill Aitken MSP, added that sex offenders who were still thought to be a risk to the public should be kept in jail. | |
| He said everything possible should be done to reduce the risk to young children. |