– in the Scottish Parliament at on 15 November 2023.
Annie Wells
Conservative
1. To ask the Scottish Government whether it has any plans to introduce whole-life orders, in light of the United Kingdom Government’s announcement that it will expand their use in England and Wales. (S6O-02720)
Angela Constance
Scottish National Party
The punishment part of a life sentence is the period that must be served in custody, and High Court judges set that part when imposing a life sentence. Under long-standing law dating back to 2001, judges already have the power to set a punishment part that exceeds the remainder of a prisoner’s natural life, which can result in a whole-life sentence. Independent courts can decide when to use their powers, and the Scottish Government supports the courts having those powers.
Annie Wells
Conservative
In recent years,
Scotland has seen its share of horrific murders, including the appalling case of Jill Barclay, who was killed in absolutely horrific circumstances. Had that murder been committed down south, it is likely that, under the UK Government’s new plans, the perpetrator would have received a whole-life order, so they would never walk free. However, Scotland’s judges do not have the power that the UK Government plans to introduce. My question is simple: will the Cabinet secretary give judges the power to lock up criminals for good, with no chance of parole, in sadistic and depraved murder cases?
Angela Constance
Scottish National Party
As I hoped I had explained to Annie Wells in my original answer, our judges have the power to, in effect, impose a whole-life order on any person who is convicted of murder—our law allows that to happen. For example, Angus Sinclair received a 37-year punishment part when he was convicted of the World’s End murders when he was 69 years old. It is our judges who make such decisions, which is important, and our law enables them to have the fullest range of decision-making powers.
It is also important to acknowledge that the homicide rate in Scotland has reduced, but I appreciate that one life lost to murder is one too many—that is for sure.
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