Average prison sentences for crimes including rape increasing – Constance

Average prison sentences for convictions including rape are increasing, the Justice Secretary has said, in response to concerns about leniency in sentencing for young people.

Angela Constance said that average sentence for rape is six years and eight months.

Discussing sentencing guidelines in Holyrood on Wednesday, she said judges had the power to impose sentences which are longer than the offender’s natural life.

It follows concern over the sentencing of Rhys Bennett for the rape and murder of Jill Barclay in Aberdeen.

Bennett was jailed for 24 years for what the judge called “wicked and medieval” crimes.

Conservative MSP Alexander Stewart raised the case in the Scottish Parliament, saying the murderer’s sentence was reduced from 29 years due to him being aged under 25.

Ms Constance said: “Our thoughts and prayers are with all those impacted by the brutal murder of Ms Barclay.”

She added: “Since the early 2000s, punishment parts of a prisoner’s sentence can exceed their natural life, where a judge decides that is appropriate.

“I would contend, Mr Stewart, that it is an appropriate decision for a judge and not a politician.”

The Justice Secretary was also asked about the number of custodial sentences for those convicted of rape.

Since 2018, there have been 327 people convicted of rape, with 322 receiving a custodial sentence, she said.

Ms Constance added: “Members might be interested to know that the average sentence for rape is six years, eight months.

“And that prison sentences have, on average across all offences, increased by 14%.”