More than a third of criminals with guns avoid jail, Tories say

More than a third of those who committed crimes with a firearm in a three-year period avoided custodial sentences, the Scottish Conservatives have said.

Some 38% of those convicted of crimes involving guns between 2018-19 and 2020-21 did not receive a prison sentence, according to Scottish Government figures obtained in a freedom of information request.

The Tories said this involved crimes such as robbery with a firearm, assault and possession of a firearm with intent to endanger life.

Party justice spokesman Jamie Greene claimed the figures are due to the Scottish Government’s “prison-emptying project” which saw the introduction of a presumption against prison sentences of 12 months and under.

Mr Greene said: “The public will rightly be concerned at these startling statistics.

“Criminals with guns are extremely dangerous and you would expect the vast majority of them to end up in jail, especially when violence is involved.

“But these figures lay bare the SNP’s prison-emptying project which is designed to allow an ever-increasing number of violent criminals to roam Scotland’s streets.

“Violent crime has risen to its highest level since Nicola Sturgeon became First Minister yet she continues to take her eye off the ball by focusing on her plans for a divisive independence referendum rather than keeping our streets safe.

“The SNP needs to start putting public safety front and centre of their work. They could start by ending their soft-touch approach to violent crime and finally getting tough on these dangerous criminals.”

In 2019-20, 341 firearms offences were recorded in Scotland, a 3% rise on the number recorded the year before.

The Scottish Government said all those convicted of homicide, attempted homicide or serious assault with a firearm between 2018 and 2021 received a custodial sentence.

A Scottish Government spokesperson said: “Latest statistics show that crimes involving use of firearms are among the lowest on record in the last 40 years and continue to constitute only a small proportion of all offences.

“Scotland’s police, prosecutors and the courts have the powers needed to deal with perpetrators of crime. While sentencing in any case remains a matter for the independent courts, custody is available if the court considers it necessary.

“We are taking strong action to tackle violence and are providing partners with over £2 million to support ongoing and new innovative violence prevention activity across Scotland in 2022-23.”