The guidelines were criticised in April when Sean Hogg was sentenced to community service after repeatedly raping a 13-year-old girl in 2018. Hogg was 17 at the time of the offences.
Rape Crisis Scotland said the sentence was “worryingly lenient” while Jamie Greene, the Scottish Conservatives’ justice spokesman, said it proved the guidelines on under-25s were “misguided and dangerous”.
The Crown Office and Procurator Fiscal Service has appealed against Hogg's sentence. The Scottish government has confirmed that the sentencing council is to review the operation of the guidelines.
The sentencing council recommended changing the guidelines on under-25s in a paper published in 2021. Lady Dorrian, chairwoman of the council, said at the time: “We understand that cognitive maturity does not develop fully until one’s mid-20s and are persuaded that there is a case for sentencing young adults under the age of 25 on a different basis to older people.”
The guidelines were criticised after the Hogg case. Greene said the guidelines effectively meant under-25s could not be jailed and that judges’ hands were tied. Pauline McNeill, a Labour MSP, said it was wrong that abhorrent crimes resulted in a “slap on the wrist”.
The Scottish government said: “The independent Scottish Sentencing Council is undertaking a review of the young people guideline. The government supports that review.”
Hogg’s lawyers plan to appeal against his conviction.
https://www.thetimes.co.uk/article/review-on-rape-sentence-guidelines-for-under-25s-nmg63n0d2
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