Lord Advocate calls for a review into sentencing of young sex offenders
Scotland's top lawyer says it is in recognition of the profound impact of sexual crimes on victims.
A review into how young sex offenders are sentenced in Scotland has been announced by the Lord Advocate.
Scotland's top lawyer, Dorothy Bain KC, said she is "acutely aware" of the trauma victims experience and has ordered the review to ensure that diversion is being used appropriately.
Diversion from prosecution is one of a range of community justice interventions prosecutors will consider.
It sees prosecutors refer someone accused of a crime to local authority social work services or a partner agency for support, treatment, or other action to address the underlying causes of the alleged offending and prevent further criminality.
It follows concerns raised in the case of Sean Hogg, who avoided jail earlier this year, despite being convicted of raping a 13-year-old girl when he was 17.
'I am acutely aware of the trauma experienced by victims'
The Lord Advocate said: "Sexual offences are among the most difficult cases prosecutors deal with.
"I am acutely aware of the trauma experienced by victims and their loved ones. As public prosecutors, we are trusted to make appropriate decisions and must uphold the trust placed in us.
"Diversion can be an appropriate intervention to prevent perpetrators re-offending which, in turn, builds towards a safer society for all. Addressing needs which have contributed to offending behaviour is in the interest of the wider community.
"Such intervention can be particularly effective in cases of children's offending, changing the direction of young lives for the better.
"I have instructed this review as there is a responsibility on the Crown Office and Procurator Fiscal Service (COPFS) and criminal justice partners to ensure that diversion is being used appropriately.
"The review is timely in ensuring we are continuing to consider the rights of children under UN Convention on the Rights of the Child guidance."
She said that the review will engage with victims and listen closely to their views and will also involve partners across the criminal justice system.
The Lord Advocate added: "Justice for victims will always remain the focus of what we do."
'Important first step'
Rape survivor and campaigner Ellie Wilson is welcoming the review.
She said: "I really do not think it is at all appropriate for anyone who is convicted of rape to receive a community payback order.
"I think that a custodial sentence is the only appropriate sentence for rape.
"This has been an issue which has really captured the public attention, and I think it's undermined public trust as well as robbed victims of justice.
"Obviously we need to see what the outcome of the review is, and then what action will be taken but I think it's a really important first step."
Guided by Scottish Prosecution Code
Diversion from prosecution is considered as an option by the procurator fiscal in any case where the person reported to the Crown Office and Procurator Fiscal Service (COPFS) has an identifiable need that has contributed to the offending, and where it is assessed there is enough evidence and that diversion is the most appropriate outcome in the public interest.
COPFS said that the use of diversion is guided by the Scottish Prosecution Code and its use for offenders under 18 is in keeping with obligations to children in terms of the UN Convention on the Rights of the Child (UNCRC).
It will publish revised guidance on diversion for sexual offences in the Prosecution Code in due course.
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