Sentences

S3W-02515: To ask the Scottish Executive whether consideration is being given to increase statutory sentences for those convicted of serious and violent crime.


Answered by Kenny MacAskill (13/08/2007): The Scottish Governmentkeep the sentencing limits for those statutory offences which are devolved underregular review. A substantial proportion of serious and violent crime in Scotland is prosecuted under the common law: this includes murder, culpablehomicide, rape and serious assault. There are no limits on the penalties that maybe imposed for common law crimes, other than the sentencing powers in the courtin which the offender is prosecuted.

S3W-02516: To ask the Scottish Executive whether there are any plans to increase the punishment part of life sentences.

Answered by Kenny MacAskill (13/08/2007): There is no statutory limit onthe length of a punishment part of a life sentence. The period imposed is a matterfor the sentencing judge and is the period which he or she considers appropriateto satisfy the requirements of retribution and deterrence. The punishment part isappealable both by the defence and by the Crown.