Tories call for review of sentencing guidelines after rapist is spared jail

The Scottish Tories have called for a review of sentencing guidelines after a man who raped a 13-year-old was spared jail.

Sean Hogg, 21, was handed a community payback order after being convicted, forcing him to complete 270 hours of unpaid work.

The sentence has prompted a political backlash, with the Tories urging the Scottish Government to review sentencing guidelines, describing the punishment as “outrageous and appalling”.

Jamie Greene, the party’s justice spokesman, pointed to the Scottish Sentencing Council’s guidelines on young people, which advises against custodial sentences for those under the age of 25.

The guidance, which came into force early last year, said: “A custodial sentence should only be imposed on a young person when the court is satisfied that no other sentence is appropriate.

“If a custodial sentence is imposed on a young person, it should be shorter than that which would have been imposed on an older person for the same, or a similar, offence.”

However, final decisions are ultimately rendered by judges.

In a letter to new Justice Secretary, Angela Constance, Mr Greene said: “It is outrageous and appalling that such a despicable crime has not even been punished with a prison sentence and the public will rightly be wondering why this has happened in this case.

“The soft-touch approach to justice taken by the Scottish Government is at least partially to blame in this instance.”

He added: “I implore you to order a review of these sentencing guidelines as is the Scottish Ministers’ right under Section 7 of the 2010 Act with a view to scrapping the guidelines so that rapists and other serious criminals do not avoid prison in future just because they are under 25.

“As a new Justice Secretary you have the ability to change the direction of Scottish Government policy to get tough on serious criminals who commit such horrific crimes and I hope you will consider my request today.”

Mr Greene said the guidelines were explicitly referenced by the judge while sentencing Hogg.