NEW sentencing guidelines for wildlife crimes are to be “deprioritised” as a law body focuses on sexual crimes, it has been announced.
In a letter to Justice Secretary Humza Yousaf, judge Lady Dorrian – the Lord Justice Clerk, Scotland’s second most senior member of the judiciary – has confirmed that work is to begin on multiple guidelines on sentences for people found guilty of crimes involving rape, sexual assault and child abuse images.
The judge, who chairs the Scottish Sentencing Council, said splitting the guidance by offence will “allow each topic to be given in-depth consideration, and for the first guidelines on sexual offending to be produced more quickly”.
However, she warned the results could still take some time.
This is despite the decision to “deprioritise” fresh guidance on sentencing for environmental and wildlife crimes, which is now unlikely to be delivered prior to the end of this parliament in 2021.
Dorrian – whose Lord Justice Clerk appointment made her the most senior female judge in the country’s history – told Yousaf the inability to state a timeline on the new work is due to the potential impact of public feedback and the need to avoid causing harm by getting it wrong.
“It is difficult to say with any certainty how long the first guidelines on sexual offences will take to develop,” Dorrian (pictured) wrote. “This will depend on a large part on the complexities encountered as we begin detailed work on each topic, and on the feedback received during public consultation, which is a vital part of the guideline development process.
“While we recognise the desire to have sentencing guidelines on sexual offences in place as quickly as possible, as I have noted previously the potential impact of guidelines which have not been properly considered and tested would be considerable, both for individual cases and for the justice system as a whole.
“Taking the necessary time to get guidelines right is vital, especially dealing with a wide ranging, sensitive, and complex area such as sexual offending.”
The council’s guidance is used by judges and sheriffs in the sentencing of those convicted in the country’s courts, along with other relevant material such as social work papers.
The advice aims to ensure punishments imposed are consistent, fair and proportionate.
Dorrian said the sexual offences work – which follows input from victim support agencies, politicians and the judiciary – will not affect the council’s work on the sentencing of young people and those convicted of death by dangerous driving.
In February there was a public outcry after student dentist Christopher Daniel, from Glasgow, was granted an absolute discharge by a sheriff despite being found guilty of repeated sexually assaults against a six-year-old girl. The verdict means 18-year-old Daniel, who was aged from 15-17 when the crimes occurred, will not be listed on the sex offenders register or have a criminal record.
Last month, it emerged more than 90 letters had been sent to Yousaf and Nicola Sturgeon over the case.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here