New SNP justice secretary Angela Constance must urgently look again at current sentencing guidelines for under 25s in the wake of a rapist avoiding jail despite him repeatedly attacking a 13 year-old schoolgirl.
Shadow justice secretary Jamie Greene has written to the new Cabinet Secretary imploring her to order a review of sentencing guidelines that are currently in place and were referred to in a judge only handing down a community payback order to rapist Sean Hogg.
The guidelines which were put in place last year by the Scottish Sentencing Council- and backed by SNP Ministers- include provisions that under 25s should only go to prison when a court is satisfied no other sentence is appropriate.
Jamie Greene- and his Scottish Conservative colleagues- warned the SNP Government at the time that the updated guidelines would have the potential to let dangerous criminals out far too early, or allow them to avoid prison altogether.
He says that this case proves that his warnings should have been listened to by SNP ministers, who must recognise and understand the public fury over the ‘punishment’ given to someone who raped a teenage girl.
Leading KC Tommy Ross told BBC Radio Scotland that the sentence was “extraordinary” and said that he had never seen anyone avoid jail for rape in his 20 years working at the High Court.
Rape Crisis Scotland have also described the community payback order as “worryingly lenient.”
Scottish Conservative shadow justice secretary Jamie Greene MSP, said: “The public are understandably furious about this rapist avoiding a prison sentence after repeatedly attacking a teenage girl.
“I share their anger. The so-called punishment of a community payback order is a total insult to the victim in this case, who will be scarred for life by these attacks.
“It is clear that the sentencing guidelines brought into force last year and wholeheartedly backed by SNP ministers are behind this appalling decision.
“Judges hands are being increasingly tied as they have to follow guidelines which effectively say adults under 25 should not be going to prison unless all other avenues have been exhausted.
“I warned at the time that these new guidelines were misguided and dangerous and sadly my worst fears have been realised. We must stop wrapping dangerous adult criminals in cotton wool.
“The case of Sean Hogg clearly shows SNP ministers were wrong to ignore the warnings from myself and victims organisations before imposing these new sentencing guidelines.
“The new SNP justice secretary Angela Constance has a chance to do things differently. She must urgently heed my call to review these guidelines and put the needs of victims before criminals.
“All too often that is the case in our justice system on the SNP’s watch which has devastating consequences.
“I hope Angela Constance responds positively to my call and also shows her backing for my Victims Law proposals which would ensure victims- like the teenage girl in this horrific case- are always put first.”
Jamie Greene warned of the dangers of the new sentencing guidelines before they were introduced in an article for The Times in November 2021: https://www.thetimes.co.uk/article/soft-sentencing-will-erode-faith-in-the-justice-system-pkrnjc268
The concerns from Tommy Ross KC and Rape Crisis Scotland are detailed on the BBC here: https://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-65173054