Nicola Sturgeon was yesterday urged to back a north-east MSP’s bid to give judges the option of a whole-life custody for the very worst criminals.
At First Minister’s Questions, Ms Sturgeon was criticised by Tory leader Jackson Carlaw for failing to support Liam Kerr’s member’s bill, designed to ensure the “most appalling criminals” are never released.
Earlier this year Mr Kerr, who is also the Tories justice spokesman, proposed Scots law should be brought into line with England and Wales on the issue.
Although Scottish courts can sentence offenders to life, all prisoners are automatically eligible for parole once the so-called “punishment” part of their sentence has passed.
Under current guidelines this would be around 20 years for the murder of a child.
Yesterday Mr Carlow argued “many people are released that shouldn’t be” from Scotland’s prisons and criticised Nicola Sturgeon for voting against whole-life custody.
Mr Carlaw called for whole-life sentences for the worst offences, saying: “The Scottish public need a guarantee that if the crime is serious enough – no parole, no release.”
Reading the testimony of an anonymous rape victim, who asked how they can ever “rest easily” knowing the culprit has been released from jail, Mr Carlaw called for changes to the law “so life can indeed mean life for the worst offenders”.
The Conservatives said that of 225 responses to the consultation on Mr Kerr’s proposal, 180 were fully or partially supportive of the proposals.
They include testimony from Linda McDonald – the Dundee woman who was brutally attacked by convicted killer Robbie McIntosh while he was out on day release.
In her consultation response, she wrote, “Whole life sentences give justice for victims and families who have suffered at the hands of these violent, sick, dangerous criminals.
“It gives reassurance that the public are safe. Gives us confidence that life means the whole of their life…If dangerous killers are not given a second chance, and released, they cannot get the opportunity to kill again.”
Ms Sturgeon insisted that judges already have the power to keep the worst criminals behind bars for the rest of their life.
But the Conservatives argued that case law currently restricts judges’ ability to set long punishment parts with child murderers and police killers getting no more than around 20 years.
Ms Sturgeon replied: “It is absolutely correct that the most serious offenders go to prison for lengthy periods of time but what the correct periods of time should be in individual cases is rightly and properly a matter for the independent court system.
“I would not stand here and presume to disagree with those opinions that come from deep personal experience.
“But I think it is incumbent on all of us to be very clear about the law as it stands and not to inadvertently mislead about what the law currently is.
“The law right now is clear – the punishment part for a life sentence can extend beyond the rest of a person’s life.”