FMQs: Nicola Sturgeon urged to back whole life sentences for 'most appalling criminals'

Jackson Carlaw has asked the First Minister to back whole life sentences for the worst offenders.

At First Minister's Questions, the party's interim leader Jackson Carlaw claimed "many people are released that shouldn't be" from Scotland's prisons and criticised Nicola Sturgeon for previously voting against whole-life custody sentences.

He said: "The Scottish public need a guarantee that if the crime is serious enough - no parole, no release."

Mr Carlaw referenced a public consultation on whole life sentences by his MSP colleague Liam Kerr, which found that four out of five respondents backed the idea. Of 225 responses to the consultation to the members’ bill, 180 were fully or partially supportive of the proposals.

One of those responses was from Linda McDonald, the Dundee woman who was attacked by previously convicted killer Robbie McIntosh while he was out on day release. In her consultation response she wrote: “Whole life sentences give justice for victims and families who have suffered at the hands of these violent, sick, dangerous criminals.

"It gives reassurance that the public are safe. Gives us confidence that life means the whole of their life…if dangerous killers are not given a second chance, and released, they cannot get the opportunity to kill again.”

Mr Carlaw also read the testimony of an anonymous rape victim, who asked how they can ever "rest easily" knowing the culprit has been released from jail, he said it was time "life can indeed mean life for the worst offenders".

However Ms Sturgeon said there was "nothing to prevent a court at the moment imposing a sentence that would cover the natural life of a prisoner", citing the sentence for World's End serial killer Angus Sinclair.

She said: "It is absolutely correct that the most serious offenders go to prison for lengthy periods of time but what the correct periods of time should be in individual cases is rightly and properly a matter for the independent court system.

"The general challenge is not that we are sending too few people to prison, it's how we make sentencing more effective so that we continue to reduce re-offending and continue to see a downward trend in crime overall."

Referencing the victims' statements, Ms Sturgeon said: "I would not stand here and presume to disagree with those opinions that come from deep personal experience. But I think is incumbent on all of us to be very clear about the law as it stands and not to inadvertently mislead about what the law currently is.

"The law right now is clear - the punishment part for a life sentence can extend beyond the rest of a person's life."

She added when the punishment element of the sentence is served, prisoners are not automatically released and it is up to the parole board to determine the risk to the public and make a judgement about their release.

Mr Carlaw rejected the First Minister's assertions and said "it is not true" judges can currently impose a whole-life sentence.

Citing violent crime statistics released yesterday which showed a rise of ten per cent in the last year, to the highest level for seven years, he added: "Police officers, prison officers and victims have all backed our proposal but not Nicola Sturgeon and the SNP.

"It's a simple choice. Whose rights do you put first - the rights of the victims of crime or those of the criminal? We choose to put the victims first. It is time the First Minister - through the force of her actions - did the same."

Mr Kerr, who is the Tories' justice spokesman, said after FMQs: "Life should mean life and victims, police officers, prison officers and criminal justice social workers agree.

"Giving judges the power to sentence someone to a whole life behind bars provides a deterrent for criminals and reassurance for victims and the public - the most dangerous criminals will never be let out of jail to cause further suffering."

However, responding to the Conservative's demands, Scottish Liberal Democrat justice spokesperson Liam McArthur said: "The Tories appear to be making a habit of trying to sidestep judge rulings. But ultimately, this ‘tough justice’ rhetoric is little more than an attempt to grandstand for an election.

"They are well aware that for life to mean life, in the way that they imply, would breach the ECHR. The Conservatives point to whole life sentencing south of the Border, but those sentences too are subject to individual review.

“This is no attempt to improve community safety, or the lives of victims. It is a populist, punitive approach that has proved disastrous in many states in the US, leading to mass incarceration and the creation of wider social problems.”

And Scottish Greens justice spokesperson John Finnie said: “Public safety is paramount but is important the Scottish Conservatives look at the evidence. Some people do serve long sentences in Scotland. Indeed, our prisons are over capacity. But there is no link between that and how safe our streets are.

 “Judges issue sentences with access to the full facts and it is for the parole board to assess any risk to the public, not politicians. The Scottish Conservatives are retreating into their age-old mantra of accusing others of being ‘soft on crime’, but our justice system must stick with what actually works.”

Liam Kerr said he would continue to push his Whole Life Custody (Scotland) Bill through the Scottish Parliament.