Meeting of the Parliament 12 March 2026 [Draft]
On amendment 190, the Scottish Government has noted several issues. First, the liabilities set out in the amendment do not follow standard procedure. For reasons of consistency across sentencing, a custodial sentence of more than 12 months should not be imposed upon conviction on a summary complaint. Furthermore, prescribing a minimum penalty in cases where death has resulted would significantly limit the discretion of the court to sentence proportionately according to circumstances. In certain cases, such as the falsifying of an address, the minimum penalty of five years could be disproportionate.
There is also a lack of clarity around the penalty provisions. There is some doubt about whether, despite the terms set out in the agreement, it might still be necessary to prove that there has been a serious risk of death before a penalty can be imposed. The reference to falsifying a proxy or declaration is also unclear and does not align with the offence of knowingly signing a declaration or making false statements.