The Scottish Conservatives have criticised “glaring flaws” in the SNP’s soft-touch justice system after the horrific murder of a Glasgow pensioner by a criminal with a history of violent offending.
At First Minister’s Questions, Douglas Ross brought up the tragic case of 67-year-old Esther Brown, who was raped and murdered in her own home by Jason Graham, a registered sex offender with 23 previous convictions.
The Scottish Conservative Leader said the 19-year jail term that Graham received was “a long sentence - but not nearly long enough for such a horrific crime”.
Just days before Graham was sentenced this week, the SNP Government launched a consultation proposing that violent criminals could be eligible for release after just a third of their sentence.
The government document also suggested that short-term prisoners could receive automatic early release after just a third of their time served, despite Nicola Sturgeon previously promising to end the practice.
The First Minister previously told the Scottish Parliament in 2015 that “our objective remains to end the policy of automatic early release completely as early as we are able to”.
The most recent figures show that more than 95 per cent of criminals sent to prison in 2019-20 will be eligible for automatic early release.
Scottish Conservative Leader Douglas Ross said: “The tragic case of Esther Brown is yet another damning example of the glaring flaws in Scotland’s justice system.
“Jason Graham was released early. He wasn’t monitored properly. Grave mistakes were made – and this is not an isolated example.
“Nicola Sturgeon cannot honestly say that her government’s approach to justice is keeping Scottish people safe.
“She hasn’t delivered a promise from six years ago to end automatic early release and as a result, more dangerous offenders are being released early all the time.
“The SNP’s latest consultation would take our justice system even further in the wrong direction, risking public safety.
“It’s too late for Esther Brown, but this must change.
“Scottish Conservative plans for a Victims Law would restore confidence that is sadly lacking.
“The SNP Government has a choice to make – empty our prisons by letting even more criminals out early, or protect the public and put victims first.
“Far too often in the SNP’s soft-touch justice system, criminals are put first, not victims.”
Notes
Prisoners could be automatically released after serving just a third of their sentence under SNP plans. The Scottish Government’s consultation states: ‘This consultation seeks views as to whether release law could be adjusted so the points at which a prisoner is automatically released (for short-term prisoners) or considered for release (for long-term prisoners) could be altered in some or all cases… For example, what this could mean in practice is that short-term prisoners could be automatically released earlier than the half-way point of their sentence, e.g. at the 1/3 point.’ (Scottish Government, Consultation on Bail and Release from Custody Arrangements in Scotland, 15 November 2021, link).
Criminals given four-year or more prison sentences could be released after serving a third of their sentence. The Scottish Government’s consultation proposes: ‘Change to automatic consideration [for release of prisoner] by Parole Board once one third of the sentence is served for all long-term prisoners’. (Scottish Government, Consultation on Bail and Release from Custody Arrangements in Scotland, 15 November 2021, link).
- Over 95% of prisoners are subject to automatic early release. The latest Criminal Proceedings statistics from 2019-20 confirm that the number of prisoners sentenced to less than four years was 10,549. Overall, 11,076 criminals were given a prison sentence in 2019-20. As every criminal sentenced to less than four years is subject to automatic early release, this means 95% of criminals given a prison sentence in 2019-20 will be/were released automatically halfway through their sentence. (Scottish Government, Criminal Proceedings 2019-20, 18 May 2021, Table 10(a), link; Mygov.scot, Prison and parole, 10 January 2020, link).
- Nicola Sturgeon supported ending automatic early release in 2015. During First Minister’s Questions, she said ‘Our objective remains to end the policy of automatic early release completely as soon as we are able to. This Government is making progress on that, and I hope that members across the chamber will welcome that.’ (Official Report, 2 April 2015, FMQs, link).