Child sex attacker freed on bail

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.

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.

"Mr Bermingham's conduct in the community will continue to be supervised by the local authority"

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.

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.

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.

'Serious danger'

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."

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.

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