Criminal Justice (Sentencing)

– in the Scottish Parliament at on 25 May 2023.

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Photo of Russell Findlay Russell Findlay Conservative

M um of two Jill Barclay was beaten and raped by a stranger. Rhys Bennett then set her on fire while she was still alive. The judge described the 23-year-old’s crimes as “medieval in their barbarity”, yet his prison sentence was reduced due to new under-25s sentencing guidelines. Will Humza Yousaf tell the people of Scotland whether he thinks that those guidelines should apply in every single case, no matter how wicked or barbaric the crime?

Photo of Humza Yousaf Humza Yousaf Scottish National Party

Those are not matters that are decisions for the First Minister; they are, rightly, left to the independent judiciary, as they always must be, even in the most heinous and despicable cases, such as the case of Jill Barclay.

Of course, all our thoughts are with Jill’s family, who will have been affected by what was a despicable crime. Her family, friends and community will undoubtedly be reeling from the barbarity of that sickening and medieval act, as it was described by Russell Findlay. However, it can never be the case that politicians, let alone Government ministers, interfere in sentencing decisions that are made by the judiciary.

Sentencing guidelines are taken forward by the independent Scottish Sentencing Council. What I said in relation to a previous case that was raised with me as First Minister was that the Cabinet Secretary for Justice and Home Affairs, in her regular engagement with the Sentencing Council, has asked for more information around when those regular reviews of sentencing guidance will take place. I am sure that she will be happy to keep the member informed of those discussions.