Attempted Murder Victim Expresses Feeling “Gagged” by Parole Confidentiality Agreement

A woman who survived an attack by a convicted murderer, who was out on home release, stated she felt “gagged” due to the requirement of signing a confidentiality agreement to be present at his parole hearing. In 2017, Robbie McIntosh assaulted Linda McDonald during a period of home leave from prison, where he was incarcerated for the murder of Anne Nicoll. Ms McDonald expressed the view that McIntosh’s privacy rights were given precedence over her entitlements as a victim. She faces the possibility of a “substantial fine” should she disclose any details or personal information deliberated during the hearing, which occurred last month. McIntosh received a sentence of at least five years for the assault on Ms McDonald and was also issued an Order for Lifelong Restriction (OLR), indicating he might never be freed from incarceration. His initial eligibility to seek parole was in 2022, after completing his five-year sentence for the attempted murder of Ms McDonald. It is understood that no request for release was submitted on McIntosh’s behalf either at that time or during the hearing held last month. The matter is scheduled for review in two years. Ms McDonald stated that she found the hearings distressing, yet she wished to participate as an element of her healing process. Nevertheless, she voiced her annoyance that her attendance was contingent upon signing a confidentiality agreement. Ms McDonald recounted that after the hearing, she was instructed that she was permitted to disclose the outcome solely to her husband and children. She remarked: “You’re giving me permission to tell them, but I can’t control what they do or what they see or who they know. “I have an elderly uncle who’s 85 and he’s saying, what happened Linda, did he get out? “And you know, you’re gagged. “It’s horrible to put that stress upon me to say, I’m not supposed to tell you whether he’s getting out or not.” The Parole Board for Scotland’s guidelines for victims specify: “Anything disclosed during the hearing should not be disclosed to any outside party afterwards.” The Parole Board is obligated to make public its justifications for releasing an inmate. While there is no mandate to release summaries when an inmate is not freed, the panel retains the discretion to do so. In 2022, subsequent to McIntosh’s initial parole tribunal, the organization released a public announcement on social media, citing “considerable interest,” to confirm his continued incarceration. Ms McDonald commented: “I was so grateful because it took the stress and pressure off of me.” Pursuant to 2022 legislation, victims involved in cases where prisoners have received life sentences, orders for lifelong restriction, or extended sentences are entitled to observe the parole hearing, typically via a live video link. Ms McDonald suggested that the confidentiality agreement ought to “be more specific” regarding what information is prohibited from disclosure, instead of encompassing all facets of the hearing. She stated: “If they were to say, you cannot discuss whether it’s medical or anything pertaining to the prisoner, then I would understand that.” Ms McDonald later obtained correspondence from the Parole Board indicating that McIntosh would not be freed. This information was not subject to the confidentiality agreement she had signed, a detail Ms McDonald stated she was unaware of. The Parole Board for Scotland has since clarified to BBC Scotland News that a letter of this nature would not fall under the purview of the agreement. Ms McDonald asserted that her primary concern is that McIntosh remains incarcerated indefinitely. She declared: “I was at the hands of this monster and nearly died. “The rules are, that I was told if I spoke out it could affect whether I’m allowed to attend future parole hearings. “I feel threatened by that statement, I feel gagged.” Russell Findlay, the Scottish Tory leader, who was the victim of an acid attack at his home in 2015, conveyed that he “absolutely empathised” with Ms McDonald. He commented: “I’ve engaged with the process myself and I found it to be very secretive.” “Victims or indeed the surviving relatives of murder victims are very often left in the dark.” “I think it’s completely unacceptable that any crime victim would be required to (sign) what amounts to a gagging order, when this case is about them.” The Parole Board for Scotland stated its policy of not commenting on specific cases. The board indicated it was “very aware” of how the parole process could affect victims and confirmed it had undertaken measures to interact with victims, “including through the provision of information.” A spokesperson explained: “Victims are asked to sign a confidentiality agreement to confirm they are aware of the requirement for confidentiality and will comply with it.”