Over the last three years, 38% of criminals who have committed a crime where a firearm was involved avoided jail.
This includes criminals convicted of robbery with a firearm, assault and possession of a firearm with intent to endanger life.
In July 2019, the SNP Government introduced a presumption against prison sentences of 12 months and under, which has resulted in a reduction of violent and sexual criminals going to jail.
The Scottish Conservatives called for an end to the SNP’s ‘prison-emptying’ agenda, to ensure that criminals who commit dangerous crimes such as those involving firearms get the punishment they deserve.
Scottish Conservative Shadow Cabinet Secretary for Justice Jamie Greene MSP said: “The public will rightly be concerned at these startling statistics.
“Criminals with guns are extremely dangerous and you would expect the vast majority of them to end up in jail, especially when violence is involved.
“But these figures lay bare the SNP’s prison-emptying project which is designed to allow an ever-increasing number of violent criminals to roam Scotland’s streets.
“Violent crime has risen to its highest level since Nicola Sturgeon became First Minister, yet she continues to take her eye off the ball by focusing on her plans for a divisive independence referendum rather than keeping our streets safe.
“The SNP needs to start putting public safety front and centre of their work. They could start by ending their soft-touch approach to violent crime and finally getting tough on these dangerous criminals.”
Notes
38% of criminals who committed a crime where a firearm was involved avoided prison. In 2018-19, 35 out of 57 criminals went to jail for a crime where a firearm modifier was involved, the proportion fell to 24 out of 38 criminals going to jail in 2019-20, followed by 22 out of 35 going to jail in 2020-21. All in all, this means 81 out of 130 criminals went to jail, meaning 38% avoided going to jail. One criminal received a community sentence for robbery with a firearm, seven received a community sentence or other disposal for possession of a firearm with intent to endanger life or commit a crime and eight received a community sentence or fine for common assault with a firearm. (Scottish Government FOI, 4 July 2022, Available on request).
The number of firearms offences increased in 2019-20. In 2019-20, 341 firearms offences were recorded in Scotland, a 3% rise on the number recorded the year before in 2018-19. (Scottish Government, 7 June 2022, link).
Just 39% of convicted violent criminals and 23% of sex offenders received a custodial sentence in 2020-21. The Criminal Proceedings in Scotland statistics for 2020-21 show that just 39% of criminals convicted of a non-sexual crime of violence received a custodial sentence. This is the lowest number recorded in at least the last ten years. The statistics also show that for 2020-21 show that just 23% of criminals convicted of a sexual crime received a custodial sentence. (Criminal Proceedings in Scotland, 21 June 2022, Table 9b, link).
In 2019, the SNP effectively banned prison sentences of 12 months or under. The SNP Government passed a presumption against short prison sentences for 12 months and under. This means that ‘The court must not pass a sentence of imprisonment for 12 months or less on a person unless it considers that no other sentence is appropriate.’ (Scottish Government, Presumption against short sentences extended, 26 June 2019, link).