FRESH advice has been issued to England's parole boards after a Scot who killed a woman after being released on licence from a rape sentence prompted a review of the system.
The Lord Chancellor said that government guidance had "failed" in the case of Anthony Rice, a convicted rapist who had been found guilty of a string of sex attacks in Dundee, and that parole officials had placed too great an emphasis on his human rights.
Rice, 49, strangled and stabbed Naomi Bryant, a 40year-old mother of one, at her home in Winchester in August last year, only days after they had met. He had been freed nine months earlier from a 16year jail term for rape, indecent assault and actual bodily harm.
A damning report by the Chief Inspector of Probation in May found Rice was "too dangerous to be released in the first place" and that the Parole Board had placed an "increasing focus" on his human rights rather than on protecting the public.
Lord Falconer said yesterday that parole officials had misunderstood the Human Rights Act and that government guidance on the act was often unclear.
New guidance being published today would clarify the legislation and help ensure that "common sense prevails", he added.
Lord Falconer said at the time that the legislation itself was not to blame but the way it had been interpreted by officials who lacked legal training.
Speaking on ITV1's Sunday Edition yesterday, he conceded: "We should never have released him."
However, he warned: "I don't conclude the right thing to do is to repeal the act. I think the right thing to do is make sure public officials know what the law is."
Lord Falconer also said that the new guidance would be sent to parole boards and social services officials among others.
Asked how the new guidance would differ from earlier information, he replied: "It will be clear, it will state what the position is.
"There are plainly some people who were not understanding what the position was. Therefore we need to make it clear to them what the right position is.
"It will underline what the problems are.
"It will underline time and time again that public protection comes first and secondly don't be distracted by human rights arguments when common sense tells you to make sure the public is protected."
At Rice's trial in 1982 over the Dundee sex attacks, Lord Wheatley told Rice, who was then 25, that he was a menace to the female community. He said: "It is the duty of the High Court to protect women from people like you who commit rape."
He was jailed for seven years for raping a 24-yearold mother and four knife assaults on women in Dundee.
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