Courts hand out 1,400 ‘absolute discharges’ to convicted criminals
More than 1,400 convicted criminals received no punishment during a four-year period in a “slap in the face” for victims, the Scottish Conservatives have said.
Those given an “absolute discharge” between 2018 and 2022 included people found guilty of sexual assault (12), domestic abuse (four), serious assault and attempted murder (17).
A total of 1,406 criminals were given such a discharge over that period, according to data obtained by the party in response to a Freedom of Informationrequest.
When someone is guilty of a charge, the judge can decide to “discharge” them – unless the sentence for the offence is fixed by law – which means that they are given no punishment.
According to general information about sentencing published on the Scottish Sentencing Council website, an absolute discharge is only given in “exceptional circumstances” such as that the offender has previously been of good character, is very young or old, or the offence is very minor.
The Scottish Conservatives said the figures reflected the “relentless weakening” of Scotland's justice system.
The party's justice spokesman, Russell Findlay (pictured), said: “The SNP'S weak justice agenda means that an ever-growing number of criminals are not even prosecuted and for those who are, there's often no punishment.
“This is especially perverse when it is applied to heinous crimes such as sexual assault and attempted murder.
“The relentless weakening of Scotland’s justice system damages public confidence and sends out the wrong message to those who inflict pain and misery in our communities.”
The figures showed that the highest number of absolute discharges between 2018 and 2022 were for threatening and abusive behaviour (477) and for common assaults (407). When an absolute discharge is imposed in more serious (solemn) cases, a conviction is recorded but this does not happen in less serious (summary) cases.
A Scottish Government spokesperson said: “Decisions in any case are for the independent court who consider all the facts and circumstances. The Scottish Government cannot comment on individual decisions."