Recent horrific crimes, including the murder of Sarah Everard, shows the need for Scotland’s judges to have the power to impose whole life sentences as soon as possible.
George Metcalff, who was convicted of the horrific murder of Patricia Henry at her flat in South Ayrshire, will not receive a whole life sentence when he is sentenced next month because such a punishment is not possible in Scotland.
The call from Scottish Conservative Community Safety spokesman Russell Findlay comes after Sarah Everard’s killer was issued with a whole life order in England.
However, judges in Scotland do not currently have the power to impose whole life sentences on the worst criminals.
Scottish Conservative MSP Liam Kerr had sought cross-party support for whole life sentences with a Private Members Bill in the last Scottish Parliament, which was backed by almost 80 per cent of respondents.
SNP Justice Secretary Keith Brown told Scottish Conservative MSP Meghan Gallacher last week that he believes Scotland’s courts currently have the powers that are required.
Russell Findlay is now calling on MSPs from across the Parliament to work with the Scottish Conservatives on new legislation to ensure life really does mean life for the very worst criminals.
Scottish Conservative Shadow Community Safety Minister Russell Findlay MSP said: “It is entirely right for a judge to have the power to impose a whole life sentence on the police officer who murdered Sarah Everard, meaning that he will never be released.
“If a similar crime occurred in Scotland, a judge would not be allowed to make the same decision.
“Life really should mean life for Scotland’s most dangerous criminals. Our proposals would ensure judges could guarantee victims, and wider society, that they would stay locked up.
“Other parties previously rejected this Scottish Conservative proposals but I hope they will now re-think their opposition and work with me to introduce this crucial sentencing option as a matter of urgency.
“All too often the SNP let down victims and put the interest of criminals first. The Scottish Conservatives will continue to push for whole life sentences to be imposed to ensure the worst offenders feel the full force of the law.”
Notes
Scotland does not have Whole Life Sentences. A freedom of information response from the Scottish Courts and Tribunals Service stated: ‘Scotland does not have whole life sentences. When people are sentenced to life imprisonment, the judge must, by law, set the punishment part - the minimum time the person will spend in prison before they can be considered for release at all.’ (SCTS, Freedom of information response 2020 105, 15 June 2021, Attached).
Sarah Everard’s killer was issued with a whole life order. The judge in the case stated: ‘I have borne in mind the fact that the defendant pleaded guilty in deciding whether it is appropriate to make a whole life order. This has saved the Everard family and Sarah Everard’s friends from enduring a trial. That said, having determined, as I have, that there should be a whole life order, given the misuse of the defendant’s role as a police officer and the serious aggravating features, self-evidently there can be no reduction for the defendant’s guilty pleas.’ (English Judiciary, Wayne Couzens Sentencing Remarks, 30 September 2021, link).
The Scottish Conservatives put forward a motion urging the introduction of whole life sentences in Scotland but all other parties voted against it. Our motion read: ‘That the Parliament believes that Scotland’s judges should have the power to impose whole life custody sentences.’ This motion was amended by the SNP to remove this commitment and all parties, except the Scottish Conservatives, voted for the amended motion. (Official Report, 4 June 2019, link).
The Scottish Conservatives proposed a Bill in the last Parliament which would have allowed judges in Scotland to issue Whole Life Sentences. The consultation for the proposal was launched in 2019 by Liam Kerr MSP and responses were published in March 2021 (Scottish Parliament, Proposed Whole Life Custody (Scotland) Bill, 28 May 2019, link).
Keith Brown told Meghan Gallacher last week that he believes Scotland’s courts have the powers that are required (Scottish Parliament, Topical Questions, 5 October, https://www.parliament.scot/chamber-and-committees/official-report/what-was-said-in-parliament/meeting-of-parliament-05-10-2021?meeting=13345)
The Scottish Conservatives’ manifesto commits to introducing Whole Life Sentences. Our 2021 manifesto states: ‘We would also enable judges to sentence the very worst criminals to Whole Life Custody to ensure that life really does mean life.’ (Scottish Conservatives, Manifesto 2021, 19 April 2021, link).
George Metcalff was convicted of the murder of Patricia Henry last week. George Metcalff, 71, killed Patricia Henry, 46, at her flat in Girvan, South Ayrshire, in November 2017. He was also found guilty of attempting to defeat the ends of justice. Metcalff was remanded in custody pending background reports for sentencing next month. (BBC News, 7 October 2021, link).