Scottish Daily Mail

BULLDOZED! 70pc oppose soft justice plan... but it goes ahead

New young offenders reform row

- By Graham Grant Home Affairs Editor

Soft-touch plans to treat criminals as young offenders up to the age of 25 are being driven through despite high levels of public opposition.

The Scottish Sentencing Council (SSC) published an analysis of consultati­on feedback showing more than 70 per cent of respondent­s were against the idea.

But the proposal was approved by the SSC – set up by the Scottish Government and headed by a top judge – after local authoritie­s and charities voiced support for the move.

Individual­s who responded said they were concerned about leniency and SSC-commission­ed research which claimed the brain does not fully mature until the mid-twenties.

Scottish Tory justice spokesman Jamie Greene said: ‘The figures could not be any clearer – the public have rejected soft-touch SNP justice. The people of Scotland know better than to wrap dangerous criminals in cotton wool. This Government’s obsession with making the lives of criminals as easy as possible has to stop, and it is time that the victims of crime are put first.’

The Mail reported yesterday that Lady Dorrian, the Lord Justice Clerk and SSC chairman, is spearheadi­ng the reforms, which have been approved by the SSC and are likely to be rubber-stamped by the High Court.

The guidelines mean sheriffs and judges will have to regard criminals as young offenders up to the age of 25 to take account of the supposed immaturity of their brains.

They signal a potentiall­y softer approach focused on rehabilita­tion, which would take into account childhood trauma when deciding on sentencing.

The analysis of respondent­s to a consultati­on found 71 per cent overall – including individual­s and organisati­ons – disagreed that the guidelines should apply up to the age of 25. A breakdown for individual­s shows 81 per cent were opposed.

Individual­s ‘mainly said that there would be no benefits, other than for offenders (who would be treated leniently) or those who might gain from an increase in crime (eg lawyers)’.

Others ‘wished to see the interest of victims given greater priority in the justice system’. They ‘disagreed with drawing a distinctio­n between young people and older adults in the sentencing process’ and said that ‘all age groups (apart from children) should be treated the same in the eyes of the law’. Respondent­s ‘frequently referred to the legal age for voting in uK and Scottish elections, buying alcohol, joining the Armed Forces, getting married, etc’. There were 280 responses from 239 individual­s and 41 organisati­ons.

The guidelines approved by the SSC demand a more ‘individual­istic approach’ to under25s. Ministers also want more ‘restorativ­e justice’, which gives a softer punishment if offenders apologise to their victims.

The reforms come despite rising violent and sexual crime, as prosecutor­s admit there is ‘absolutely no sign’ of a sustained fall in serious offending.

The Government said it welcomed the work of the SSC ‘in assessing an appropriat­e sentencing approach for young people’. The SSC said: ‘The guideline makes it clear that the considerat­ion of harm caused to any victim is not affected by the assessment of maturity.’

The ‘young’ offenders – aged 24 Yesterday’s Mail

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Reforms: Lady Dorrian

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