David McMillan is said to pose a high risk of reoffending

David McMillan is said to pose a "very high risk" of reoffending after he is freed from Perth Prison on 22 February.

McMillan, 31, from Perth, was appearing at the town's sheriff court for breaching a curfew.

Sheriff Robert McCreadie said he was unable to place McMillan on a Sexual Offences Prevention Order (SOPO).

McMillan has previously been in jail for propositioning a 13-year-old girl and raping a 73-year-old woman.

He was freed from jail on 16 July after being released early from an 18-month sentence for targeting the teenager.

However a curfew was imposed forcing him to stay at home at night.

The tagging order was broken on 19 July and he was returned to jail to serve the remainder of his sentence.

We will look into the Sheriff's findings and recommendations and give them due consideration Tayside Police spokeswoman

The SOPO would mean he would be banned from being in sole contact with young girls or going into schools and playparks.

He also would not be allowed to work with children or attend any place where large numbers of youths might gather.

However, the sheriff said: "I am satisfied I have no power to make any such order. I am dealing with a breach of a supervised release order.

"I am not dealing with an offence which is covered by the legislation. I do not consider it is in my power to impose a SOPO for a breach of a supervised release order."

Sheriff McCreadie said it was up to Tayside Police to seek such an order and said the details of the case should be passed to the chief constable by the procurator fiscal.

McMillan had been jailed for life in 1996 after he admitted raping a 73-year-old former teacher after breaking into her home.

However, in November that year, the Court of Criminal Appeal decided the original life sentence was excessive and cut it to nine years.

A spokeswoman for Tayside Police said: "We will look into the sheriff's findings and recommendations and give them due consideration."

She added that SOPO's are not something the force shies away from.