Judge defends slow pace of sentencing guidelines
SCOTLAND’S second most senior judge has been forced to defend the pace of the body behind sentencing guidelines after criticism from MSPS.
The Lord Justice Clerk Lady Dorrian, the chairwoman of the Scottish Sentencing Council, said rushed advice could backfire on individuals and the justice system.
Lady Dorrian spoke out ahead of a Labour-led debate at Holyrood today condemning the council’s failure to produce guidance on sexual assaults, despite a rise in cases.
Although the Council has started work on the subject, its guidance will not be ready until after 2021.
Labour last week urged the body to prioritise sexual assault guidance after the Christopher Daniel case.
The 18-year-old dental student from Glasgow was granted an absolute discharge last month despite being found guilty of repeatedly sexually assaulting a six-year-old girl.
Sheriff Gerald Sinclair ruled that Daniel had been motivated by “entirely inappropriate curiosity” rather than sexual gratification, and the girl “appeared to have suffered no injury or long lasting effects”.
Labour will urge MSPS to condemn the “unacceptable” timescale for the new guidelines.
MSP Daniel Johnson said: “We need to reform and improve sentencing policy in Scotland, ensuring there is transparency in the system so that victims and their families can have confidence in it.
“That starts with Holyrood accepting there is an issue.”
The Scottish Government will try to amend Labour’s motion to commend the council’s “initial focus of its work on sexual offences” and urge “consensus” on the subject.
In a lengthy response to vote, Lady Dorrian stressed the Council’s work was based on extensive evidence taking and careful consideration of all aspects of the issues involved.
She said: “While we do not anticipate guidelines on sexual offences being finalised during the current business plan period [20182021], this is not a delay but simply reflects the Council’s current work programme and the likely work involved in addressing this subject.
“It is likely that the Council will develop multiple guidelines on sexual offending. It is vital that any guidelines we produce are wellresearched and fit for purpose.”