Domestic abusers dodge prison in eight out of ten cases in favour of soft-touch punishments, ‘damning’ new figures reveal.
The Scottish Sentencing Council (SSC) said abusers were given Community Payback Orders (CPOs), fines and other options, which critics said amounts to a ‘surrender to criminals’.
The SSC published the figures as it set out a draft guideline for sheriffs and judges which stated victims’ views must not be taken into account when sentences are being considered.
Abusers under the age of 25 will be treated more leniently because the SSC has said previously that offenders under 25 may have ‘immature’ brains.
Last night Scottish Tory justice spokesman Liam Kerr said: ‘It is shocking that too many domestic abusers are avoiding proper punishment which leaves victims feeling that they are being routinely ignored – Scotland needs a justice system that puts victims and public safety first, not one that continually surrenders to criminals.’
The SSC launched a 12-week public consultation to seek views on the draft sentencing guideline for domestic abuse offences. The report looked at cases where offences were ‘aggravated’ by domestic abuse.
Liam Kerr MSP said the justice system 'continually surrenders to criminals'
There were 86,204 such disposals [sentences or outcomes of criminal cases] made by the courts between 2017/18 and 2023/24, with only 18 per cent leading to prison.
In addition, under the Domestic Abuse (Scotland) Act 2018, which outlawed psychological coercion, there were a total of 5,668 disposals between 2019/20 and 2023/24.
Around 21 per cent of disposals involved a jail sentence with the rest getting options including CPOs, fines, and electronic tags.
The figures relate to sentences rather than individuals, and multiple charges, and their respective sentences, can relate to the same individual case.
The SSC said ‘domestic abuse is an area of great concern to the public and accounts for a significant number of cases across courts in Scotland’.
Its draft guideline states the sentence imposed ‘should not be informed by any expressed wishes of the victim as to what that sentence should be’.
It said the controversial sentencing guideline for young people will apply to domestic abuse offences where the offender is 24 or under at the time of conviction, meaning domestic abusers in this age range will be treated more leniently.
Debbie Adams, interim chief executive of Victim Support Scotland, said: ‘By including victims’ voices in our response to this consultation, we can help to ensure that sentencing decisions reflect the seriousness of domestic abuse crime and the lasting emotional, psychological and mental impact it can leave.’
Debbie Adams of Victim Support Scotland
The SSC said all responses to the consultation will be ‘carefully considered’ before the guideline is finalised and submitted to the High Court for approval.
A Scottish Government spokesman said: 'Domestic abuse is abhorrent and has a devastating impact on those affected.
'We have made changes to the justice system to make it easier to report incidents and legislated to give police, prosecutors and the courts greater powers to tackle domestic abuse crimes.
'However, the Scottish Government has no role in setting sentencing guidelines, or in making sentencing decisions, which are for the independent courts in every case.'