THE SCOTTISH Tories have been accused of peddling fake law, after they claimed thugs who attack emergency service staff can only be sentenced to 12 months.

Ahead of the party's virtual autumn conference this weekend, Douglas Ross has unveiled new proposals which he says will toughen up what he described as a "soft touch" law. 

Currently, the maximum penalty for under the Emergency Workers (Scotland) Act 2005 is one year.

The Tories want to increase that to two years.

A freedom of information request found that 72% of those convicted under the Act were not given any jail time at all

Ross said: "It's shocking that so many frontline workers are assaulted while serving the people of Scotland by keeping us safe.

"As the husband of a police officer, I know only too well the dangers that those working in our emergency services face and there should be zero tolerance of violence against them.

"The SNP's soft touch approach has not worked. By effectively banning short-term prison sentences, criminals who assault these key workers are dodging jail."

He added: "Especially after all they have done for us during this pandemic, our emergency services deserve better and by doubling the sentences for these abhorrent attacks, we can start to stamp out these crimes."

However, one prominent QC said the Tories didn’t understand the law, and that serious assaults on emergency workers were common law offences and would be prosecuted on indictment with longer maximum sentences than the Emergency Workers Act.

Lawyer, Fred Mackintosh tweeted: “#fakelaw alert. The Conservatives call for the doubling of 'prison sentences for thugs who assault emergency workers' because the maximum sentence is currently 12 months. That isn’t true.”

He added: “Assaults on police officers, firefighters and paramedics are rightly viewed by Sheriffs and Judges as serious offences.”

Mackintosh pointed to the case of Gordon Mckinlay, who was recently jailed for two years for assaulting PC Daniel Smith.

The lawyer continued: “Offences under the Emergency Workers (Scotland) Act 2005 have a maximum prison sentence of 12 months, but  serious assaults on emergency workers are common law offences and are prosecuted on indictment with maximum sentences of much more than that. 

“An assault cannot be committed accidently, recklessly or negligently.  Harm has to be intended.  So the 2005 Act covers more than just assaults.  It also criminalises obstructing or hindering emergency workers. 

“The Tory 'plan' focuses on assault on emergency workers. Not those who hinder or obstruct them without intending harm.  This change would make no difference other than to build the narrative that @douglas4moray is ‘tough on crime’. He hopes you won’t notice the #fakelaw”

When asked about the proposals at First Minister's Questions by Tory justice spokesman Liam Kerr, Nicola Sturgeon she would consider them.

The First Minister added: "I do have a bit of hesitation - particularly around some, not all, of these criminal justice policies from the Conservatives around short sentences - because I think we do need to look at these things carefully.

"The vast majority of people in Scotland understand the reasons (for the presumption against short sentences) - because it helps to cut crime, it helps to rehabilitate offenders, in having alternative sentences rather than short-term prison sentences which often don't meet those objectives.

"All of us are in unanimity across this chamber about how abhorrent it is for anybody to attack an emergency worker but we need to make sure that we have the right criminal justice policies in place that punish offenders, absolutely, but also contribute towards rehabilitation and cutting crime as well."