New figures from the Scottish Sentencing Council (SSC) reveal that domestic abusers avoid prison in eight out of ten cases, instead receiving soft-touch punishments such as Community Payback Orders (CPOs) and fines. Critics have described the findings as 'damning' and accused the justice system of surrendering to criminals.
Sentencing Statistics
The SSC published data showing that between 2017/18 and 2023/24, there were 86,204 disposals for offences aggravated by domestic abuse. Only 18% resulted in a prison sentence, while the remainder included CPOs, fines, and electronic tagging. Under the Domestic Abuse (Scotland) Act 2018, which criminalises psychological coercion, there were 5,668 disposals between 2019/20 and 2023/24, with approximately 21% leading to jail.
Controversial Guidelines
The SSC has also set out a draft guideline stating that victims' views should not be taken into account when sentencing. Additionally, offenders under 25 will be treated more leniently, as the SSC argues that younger individuals may have 'immature' brains. Scottish Tory justice spokesman Liam Kerr said: 'It is shocking that too many domestic abusers are avoiding proper punishment, leaving victims feeling ignored. Scotland needs a justice system that puts victims and public safety first, not one that continually surrenders to criminals.'
Victim Support Response
Debbie Adams, interim chief executive of Victim Support Scotland, emphasised the importance of including victims' voices in the consultation process: 'By including victims' voices in our response to this consultation, we can help ensure that sentencing decisions reflect the seriousness of domestic abuse and its lasting impact.'
The SSC has launched a 12-week public consultation on the draft guideline. All responses will be carefully considered before the guideline is finalised and submitted to the High Court for approval. A Scottish Government spokesman stated: 'Domestic abuse is abhorrent and has a devastating impact. We have made changes to the justice system to make it easier to report incidents and given police, prosecutors, and courts greater powers. However, the Scottish Government has no role in setting sentencing guidelines or making sentencing decisions, which are for the independent courts.'
