In 2018 the applicant was convicted of a charge of assault to injury and sentenced to 42 months’ imprisonment, a period which was ordered to run consecutively to a period of 27 months’ imprisonment previously imposed upon the applicant.

A 12-month Supervised Release Order (SRO) was also imposed.

The commission has referred the applicant’s sentence to the High Court of Justiciary as it concluded that the SRO imposed was incompetent as result of the cumulative effect of the consecutive sentences imposed upon the applicant, which required that he be treated as a long-term prisoner.

In accordance with the commission’s statutory obligations, a statement of reasons for its decision has been sent to the applicant, the High Court, the lord advocate and Crown Office.