Sentencing Council could U-turn on under-25 guideline after rapist spared jail

Sentencing Council could U-turn on under-25 guideline after rapist spared jail

A sentencing guideline which means that rapists under the age of 25 can be spared from prison due to their reduced capacity for sound judgment is to be reviewed.

The principle behind the guideline from the the Scottish Sentencing Council is that rehabilitation should be the “primary consideration” when dealing with offenders.

The guideline caused widespread anger in April, however, when Sean Hogg, who was 17 at the time of his crimes, received a community service sentence for the repeated rape of a 13-year-old girl in 2018.

The sentence given to Hogg has been appealed by the Crown Office and the Scottish government has confirmed that a review of the guideline is now planned.

In 2021, the sentencing council suggested changes to the treatment of under-25s. Lady Dorrian, the council’s chairwoman, said: “We understand that cognitive maturity does not develop fully until one’s mid-20s and are persuaded that there is a case for sentencing young adults under the age of 25 on a different basis to older people.”

The council is obliged to review guidelines from time to time.

A spokesperson for the Scottish government said: “The independent Scottish Sentencing Council is undertaking a review of the young people guideline. The government supports that review.”

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