Meeting of the Parliament 04 June 2019
The proposed bill is a meaningless stunt. The Tories argue that it would be another tool in the sentencing box for judges, but, if that is an attempt to make those who do not support the proposal look weak, it is a cynical attempt. Liam Kerr admitted as much when he mentioned that only Ruth Davidson can make justice actually work.
Judges already impose a no-limitation punishment element, and they can extend the punishment beyond the likely remainder of a prisoner’s life, which has happened on numerous occasions. Judges use their discretion on a daily basis. The most notable case was that of Angus Sinclair, who was sentenced to 37 years and who died in jail.
Liam Kerr says that judges will be bound by case law; unless he is mistaken—and I think that he is mistaken—judges would still be bound by case law even if we were to pass a whole-life sentence into law.
The Parole Board for Scotland has a difficult job to do, and it is made up of experienced people. On release, prisoners remain on licence and will be recalled for small offences. A part of the proposal that gives me real cause for concern says:
“However, as long as the Board has the power to release offenders who the public feel should never leave prison, our system cannot ensure proper punishment or public safety.”
Perhaps, when summing up, the Tories will explain what they mean by that. Either they believe in a criminal justice system in which judges make decisions or they believe that the public should make those decisions. It is incompatible with their sentiment that the Parole Board for Scotland is doing a good job. As the minister has said, an order for a lifelong restriction is another sentence that is open to judges. I do not think that the Tories have real trust in the Parole Board.