SNP’s justice agenda is weak
This column was initially supposed to be about the chaos engulfing Humza Yousaf ’s out-of-touch SNP government but every time I started writing, another bombshell landed.
At the time of writing, the viewing public and political establishment were in the grip of feverish speculation about how and where it will all end.
However, something of greater importance has just occurred in the Edinburgh parliament and has had relatively little public attention.
On Thursday, the SNP government passed a new law to raise the age of children’s panel hearings from 16 to 18.
The panel’s job is to consider the welfare of the young person in front of them.
These kids need all the help they can get, having often suffered heartbreaking neglect and abuse, or committed crimes.
But increasing numbers of serious criminal cases, including violence and sexual violence, are diverted to the panel, instead of being tried in a criminal court.
This means that no evidence is formally led, there’s no witness testimony under oath and no verdict of guilt or innocence. The process is hidden from public view and victims do not have a voice.
The Scottish Conservatives voted against the age increase due to serious concerns about the system’s ability to cope with the increased workload.
We are also hugely concerned about victims who have been harmed by young people. Many of the victims also being children or teenagers.
Before the law was passed, I raised the horrific case of a 14-year-old boy who was abducted and assaulted by a gang of four youths.
The boy, whose name was changed to Andrew to protect his identity, was ordered to apologise for being gay.
His prolonged, horrific and terrifying ordeal was filmed and shared by his assailants.
Police Scotland caught all four suspects and Andrew’s parents were told they would appear at court but this did not happen.
The Crown Office decided they would instead be referred to the children’s panel.
Nobody told Andrew or his parents who were left in the dark and had no say.
I wrote to the Lord Advocate who admitted this was “clearly a serious offence”. Only it was not treated as such.
After nine months, Andrew’s parents were told that none of the suspects would even be subject to a panel hearing.
I cannot really imagine the trauma suffered by Andrew or the distress, confusion, helplessness, and anger of his parents.
No one wants to unduly criminalise those who commit youthful misdeeds. But what about kids like Andrew?
The SNP’s weak justice agenda perversely seeks to make excuses for every crime.
Mitigation has become justification and criminal cases are re-badged as welfare hearings.
To recklessly abandon the principles of personal responsibility, punishment and deterrence is dangerous and wrong.
Self-righteous SNP MSPs applauded themselves when they passed this law two days ago.
They should be honest with the public about the consequences – more disgraceful cases like that of Andrew.
More people harmed by youths will be further harmed by the system.