Russell Findlay calls for ‘lighter’ under-25 sentencing guidelines to be scrapped

Russell Findlay has urged the Scottish Government to scrap sentencing guidelines which see criminals under 25 subject to lighter punishments.

The Scottish Tory leader raised the death of Elgin bus driver Keith Rollinson, who died from a cardiac arrest after being attacked by a teenager in February 2024.

He said early release would be an “affront” to Rollinson’s wife, Sue, and their family, adding the fact the attacker had not “spent a single night in prison” was “not justice”.

First Minister John Swinney said the decision on the teen’s release would be made by the parole board.

On the sentencing guidelines, he highlighted these were written independently from government and did not prevent judges from jailing under 25s.

The boy, who was 15 at the time of the attack and therefore cannot be named, was sentenced to four years and four months for culpable homicide. As a minor, he was detained in a secure unit rather than prison.

Speaking at FMQs, Findlay said: “Judges are told not to jail criminals aged up to 25 or to impose lighter sentences. These guidelines traumatise victims by treating murderers and rapists as if they are children. This is all based on the nonsense belief that they’re not mature enough to be responsible for their crimes.

“They’re one of the many ways which the SNP government has spent years weakening Scotland’s justice system. For the sake of victims like Keith Rollinson, will John Swinney do the right thing and finally scrap these disgraceful guidelines?”

He also reiterated his calls for young people who commit crimes and anti-social behaviour to be stripped of their free bus passes.

Swinney said his government was moving to deliver on the latter point, a commitment it made last year, though could not say whether Rollinson’s attacker would have his bus pass removed on release.

On the guidelines, he said they made clear that “that all sentencing options including imprisonment remain open to the court” and it was for judges to use their own judgement independent of government.

On Rollinson, he said: “The individual who was convicted of the crime in relation to Mr Rollinson will have his parole hearing determined at a future hearing of the parole board.”

He offered his sympathy to Sue Rollinson, before highlighting that recorded crime was down 38 per cent from 2006/7, when the SNP entered office.