Sean Hogg and sentencing guidelines for the under-25s in Scotland

Scotland’s judicial system is under the spotlight following the case of a young man who was spared jail for raping a 13-year-old girl.

Sean Hogg was 17 when he attacked the schoolgirl at Dalkeith Country Park in Midlothian on various occasions between March and June 2018.

Earlier this month the now 21-year-old was sentenced to a community payback order with 270 hours of unpaid work. He was also added to the sex offenders’ register and placed under supervision for three years after being found guilty by a jury.

Judge Lord Lake said he had considered the guidelines for sentencing under-25s and concluded that imprisonment would not contribute to his rehabilitation.

The sentence sparked outrage, with Rape Crisis Scotland branding the punishment “worryingly lenient”.

And now Scotland’s Lord Advocate, Dorothy Bain KC, has decided that the Crown Office and Procurator Fiscal Service (COPFS) should appeal against the sentence on the grounds it was “unduly lenient”.

Earlier this week, three young men who carried out a brutal attempted murder which left their victim with life-changing injuries were also handed lighter sentences due to their age.

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The trio – who were each jailed for between five-and-a-half and seven-and-a-half years, were told they would have been facing around a decade behind bars had it not been for the guidelines over their age.

So, what exactly do the guidelines say? Here’s everything you need to know:

New guidelines for sentencing under-25s came into effect in Scotland in January 2022.

The Scottish Sentencing Council recommended a more “individualistic approach” to take account of the perpetrator’s life experiences.

The changes were made to help reduce reoffending by focusing on rehabilitation rather than punishment.

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Judges are to take into account the intellectual and emotional maturity of the person convicted.

The guidelines note that young people are generally less able to exercise good judgement when making decisions, are more vulnerable to negative influences such as peer pressure and exploitative relationships, may be less able to think about the consequences of their actions, and may take more risks.

The best interests of the young person should be considered in every case, and other factors such as addiction, physical and mental health, trauma, adverse childhood experiences, and their living environment must be taken into consideration before deciding on an appropriate punishment.

The guidelines state that “rehabilitation is a primary consideration”.

The guidance reads: “When selecting a sentence the court should, where appropriate, seek to rehabilitate the young person and to reduce the risk of reoffending. The character of a young person is not as fixed as the character of an older person, and a young person who has committed a crime may have greater potential to change.”

In regards to the full range of sentencing options, the nature and duration of the punishment imposed on a young person should be different from that given to an older person being sentenced for the same, or similar, offence.

The guidance reads: “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.”

The Scottish Sentencing Council believe the guidelines will reduce reoffending which will thereby help to increase public safety.

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