Meeting of the Parliament 04 June 2019
I do not thank Mr Findlay for wasting my time with his intervention. Of course I do not think that, Mr Findlay; just sit down.
Some people accept that we do not have whole-life custody sentences, but we should ask why we need them. Why bring in a sentence that would apply only to the worst criminals, and which would give Scottish judges the same powers that judges in England and Wales have? One of the core functions of our justice system is punishment, but the constraints on the length of punishment parts, which I have already set out, do not allow the Scottish courts to discharge that function for the very worst criminal acts.
Punishment is not the only reason that we send people to jail, but neither should it go ignored. The length of time for which society removes someone’s liberty must measure up to the appalling consequences of their actions. We must also think about the public and victims’ experiences. Too many people who have never had that experience—directly or indirectly—ignore the strength of public feeling on the issue and elevate their concerns for the offender. To them, I simply say: Linda McDonald, the family of Paige Docherty and others are completely right to demand that life means life.
I will address the public safety point. Some offenders commit crimes that are so appalling that the risk of reoffending should be removed altogether. There is a justified public outcry when a violent criminal is released only to reoffend and inflict devastation on yet more lives. Yes, releasing an offender comes with risks, and it is right that society takes that collective risk for most prisoners in the pursuit of rehabilitation. However, for the most despicable offenders, that is a fruitless effort. It is time to protect Scotland’s communities by removing the worst criminals from society for good.
Our proposal for whole-life custody would ensure that those who protect us from danger have the full weight of the justice system behind them. Police officers are among the most selfless people in our communities—they put themselves in harm’s way every day to keep us safe. Prison officers manage difficult and high-risk offenders in an environment that is increasingly plagued by the threat of dangerous substances and weapons. Tragically, some officers’ lives are taken while they are carrying out those duties on our behalf. Those are especially appalling crimes, because they are attacks on not only individuals, but society itself. Those officers can be distinguished from other public servants by the role that they perform and their routine contact with dangerous offenders. Their duties and the risks that they face mean that they stand apart from others. That is why we propose that whole-life custody should be the starting point for the murder of a police or prison officer in the course of their duty.
I have launched a consultation on a member’s bill to enable our judges to give a genuine whole-life sentence for the worst offenders in society. The SNP has an opportunity to demonstrate that it is not a soft touch on criminals. My consultation sets out the facts in a clear plan for how to go about this. The only question left is whether the SNP agrees with the principle that the very worst criminals deserve a lifetime behind bars. It can work with us to make that law, or it can confirm what the public already suspect; whatever it does, the Scottish public will know that a Scottish Conservative Government led by Ruth Davidson will put victims first, punish the crime, and keep Scotland’s communities safe.
I move,
That the Parliament believes that Scotland’s judges should have the power to impose whole life custody sentences.
14:30