Darren Clarke (19), Strathmartine Road, appeared for sentencing at Dundee yesterday following a vicious assault at Fat Sam’s nightclub late last year.

His solicitor told the court Clarke was currently serving a detention sentence for a previous assault, but was being considered for a Home Detention Curfew order.

Sheriff Elizabeth Munro said she was “horrified” that a person with Clarke’s record of assault convictions was deemed suitable for such an order.

“I don’t know what’s going on in the Scottish Prison Service,” she said.

She sentenced Clarke to five months’ detention.

Mr FitzPatrick said, “The purpose of this policy may be laudable but it comes down to an assessment of risk to the public and this can lead to controversial decisions.

“The risk assessment process is undertaken by the Scottish Prison Service. Some categories of prisoner are specifically excluded, including sex offenders, because the danger of repeat offences and risk to the public is recognised

“While I don’t want to comment on a specific case, common sense suggests that someone with a well-documented record involving convictions for unprovoked assaults and violence against strangers is likely to re-offend.

“Letting them out early on HDC would put the public potentially at risk. not least because of the danger of them going ‘unlawfully at large’ or breaching their conditions.

“I query the appropriateness of the decision to let serial violent offenders out early on HDC and fail to see how they could be assessed as low risk.

“The risk factors which are to be considered as part of the overall risk assessment by the SPS include history of convictions for domestic violence and I would argue that violence on strangers is equally as serious.

“The curfew process requires the prisoner to remain at a certain address for specified times up to 12 hours a day and this is checked using electronic monitoring equipment.”

Sheriff Munro is the second Dundee sheriff in as many months to criticise the Crown for limiting sheriffs’ powers of sentencing.

The HDC scheme came into force in July 2006 as part of the Management of Offenders etc (Scotland) Act 2005.

It was introduced by the former Labour/Liberal Democrat Executive as a way of easing overpopulation in Scotland’s prisons.

It also allowed detained prisoners to be released on licence up to four months early to ease their reintegration back into the community whilst being tagged.

A Scottish Government spokesperson said, “Sentencing in individual cases is a matter for the courts and the sheriff who is in possession of the full facts of the case.

“HDC plays a positive role in assisting the management of the prisoner population and providing reintegration of prisoners back into their communities, but it is only an option for prisoners assessed as low risk. Certain categories of offenders, such as sex offenders, are prevented from taking part.

“Decisions about whether or not to release a prisoner on HDC are made by the prison governor or a designated unit manager after a detailed community assessment has been carried out, including the suitability of address.”