More than 1,400 convicted criminals received no punishment over a four-year period as a result of Scotland’s lenient justice system, delivering what has been described as a “slap in the face” for victims.
The alarming data indicates that an eyebrow-raising 1,406 people walked out of court with no punishment between 2018 and 2022, including 17 found guilty of serious assault and attempted murder, and 12 who were convicted of serious assault.
Four domestic abusers and four housebreakers also got off scot-free, plus seven fraudsters and six drug dealers.
The number was uncovered by a Freedom of Information request submitted by Scottish Conservatives, with the Scottish Sentencing Council (SSP) confirming it had handed out absolute discharges in each case. The term refers to instances in which individuals are found guilty but given no punishment.
The SSP describes absolute discharges as being given “only in exceptional circumstances”. Examples can include when the offender has previously been of good character, is very young or old, or the offence is very minor.
Russell Findlay, the Scottish Conservatives’ justice spokesman, said: “Victims have been told that absolute discharges are supposed to be exceptional, yet we now discover that they’ve been used hundreds of times each year.
“This revelation is yet another slap in the face of those who fall victim to crime. The SNP’s weak justice agenda means that an ever-growing number of criminals are not even prosecuted and for those who are, there’s often no punishment.
“This is especially perverse when it is applied to heinous crimes such as sexual assault and attempted murder.”
Mr Findlay warned: “The relentless weakening of Scotland’s justice system damages public confidence and sends out the wrong message to those who inflict pain and misery in our communities.
“The Scottish Conservatives are committed to redressing the balance by ensuring that victims are at the heart of our justice system.”
The figures revealed that the highest number of absolute discharges between 2018 and 2022 were for threatening and abusive behaviour (477) and for common assault (407).
Absolute discharges were also handed out for crimes including dangerous and careless driving (18), racially aggravated conduct (18) and even weapons possession (31).
A total of four drink drivers were given an absolute discharge, along with eight people convicted of wildlife offences, two convicted of possessing indecent photos of children and one person convicted of robbery.
When an absolute discharge is imposed in more serious (solemn) cases, a conviction is recorded but this does not happen in less serious (summary) cases. Nevertheless, it can be regarded as a previous conviction for some purposes, such as if the person is convicted of another crime in the future.
A Scottish Government spokesman said: “Decisions in any case are for the independent court who consider all the facts and circumstances. The Scottish Government cannot comment on individual decisions.
“Absolute discharge is a long-standing available option for independent courts, with use of this sentence between 2018-19 and 2021-22 representing 0.5 percent of all sentences imposed.
“In any case where it is considered an unduly lenient sentence has been imposed, the independent Crown Office can appeal against the sentence as part of the checks and balances within the criminal justice system.”
