Victims of crime are excluded from conditional hearings in case their appearance causes the 'mental health' of the prisoner damage or causes 'disruption'.
Reasons for refusal also include the risk that the presence of the victim, while the bid of the criminal is heard on freedom, can be 'harmful to the public interest'.
The disclosure came after rape survivor Ellie Wilson revealed last month that she was prevented from attending the conditional hearing of her attacker on the basis of the fact that it would not be in the 'interests of justice'.
The 27-year-old, who met the prime minister John Swinney to express their concern about the conditional system, previously claimed that she was asked to sign a gagging to prevent her from being discussed during the hearing .
The spokesperson for the Scottish Tory -victims Sharon Doey said: 'It is shocking that a number of victims are denied the opportunity to attend conditional hearings. That is the reality of the soft Scotland of the SNP-where victims are too often a side issue and feel voting.
“It is common sense that there must be transparency around conditional hearings and for victims to be central to the decision -making process.”
The Parole Board for Scotland (PBS) said that the victims were excluded for various reasons, including that the hearing looked at 'things of a confidential nature' and 'would probably largely concentrate on issues of a sensitive and confidential nature'.
Other reasons include the possible effect on the 'mental health' of the prisoner, while another reason was 'risk that the victim would disrupt the procedure and that their presence could be harmful to the public interest'.
The disclosure comes after rape survivor Ellie Wilson (photo) revealed last month that she was prevented from attending the hearing of her attacker on the basis of the fact that it would not be in the 'interests of justice'
Mrs. Wilson's ex-partner, Daniel McFarlane (photo), was imprisoned for five years in July 2022 after she had admitted him to rap
Since May 2023, 108 victims have asked to observe conditional hearings. Of these, 102 were accepted and six were refused.
Last month, Mrs. Wilson said that she was told that her attacker's lawyer had objected to her present when his plea was released after he had served half of his sentence.
She wrote on social media platform X and placed a screengrab of correspondence of the PBS, who said that the panel “had carefully considered the victim's application to observe the hearing.” It added: “Given the objections submitted by the prisoner's lawyer, the panel does not believe that it would be in the interest of justice to allow the presence of the victim.”
Mrs. Wilson's ex-partner, Daniel McFarlane, was imprisoned for five years in July 2022 after she admitted him to rape. He was 26 when he was locked up for two rapes that took place in December 2017 and February 2018. The attacks took place when he was a student.
Mrs. Wilson, from Glasgow, used a telephone hidden in a handbag in 2019 to record McFarlane who confess. This month Mr. Swinney met Mrs. Wilson and another survivor of rape, Hannah McLaughlan.
She said that the first minster had admitted that it was 'strange' that Mr. Wilson was told by Parole Chiefs that her request to attend her rapist's hearing was refused.
Justice secretary Angela Constance said: “By going the conditional system can be a discouraging process, so we appreciate Ellie and Hannah's openness and determination to help others.”
She said the PBS is independent of the Scottish ministers [but] We will continue to listen to victims and their families'.
A PBS spokesperson said, “All requests from registered victims to observe hearings are carefully considered.”
A spokesperson for the Scottish government said that “cannot intervene” about PBS decisions, but said that “the needs of victims should be a priority.”
