More than 1,400 convicted criminals given absolute discharge

Those given an “absolute discharge” between 2018 and 2022 in Scotland's courts included people found guilty of sexual assault, domestic abuse, serious assault and attempted murder

Tories say figures reflect the "relentless weakening" of Scotland's justice system

More than 1,400 convicted criminals received no punishment during a four-year period in a "slap in the face" for victims, the Scottish Conservatives have said.

Those given an "absolute discharge" between 2018 and 2022 included people found guilty of sexual assault (12), domestic abuse (four), serious assault and attempted murder (17).

A total of 1,406 criminals were given such a discharge over that period, according to data obtained by the party in response to a Freedom of Information request.

When someone is guilty of a charge, the judge can decide to "discharge" them - unless the sentence for the offence is fixed by law - which means that they are given no punishment.

According to general information about sentencing published on the Scottish Sentencing Council website, an absolute discharge is only given in "exceptional circumstances" such as that the offender has previously been of good character, is very young or old, or the offence is very minor.

The Scottish Conservatives said the figures reflected the "relentless weakening" of Scotland's justice system.

The party's justice spokesman Russell Findlay 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.

"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 showed that the highest number of absolute discharges between 2018 and 2022 were for threatening and abusive behaviour (477) and for common assaults (407).

Absolute discharges were also given for crimes including dangerous and careless driving, wildlife offences and possession of weapons.

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.

However it may 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 spokesperson 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% 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."