‘Urgent’ need for sentencing guideline for sexual assault in light of Christopher Daniel case

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Scottish Labour has called for sentencing guidelines for sexual assault cases to be produced “as a matter of urgency” in the wake of the Christopher Daniel case.

Daniel was granted an absolute discharge at Dumbarton Sheriff Court by Sheriff Gerard Sinclair, despite being found guilty of repeatedly sexually assaulting a six-year old girl.

The verdict means that Daniel, who was 15-17 at the time of the offences, will not be on the sex offenders register or have a criminal record.

Following public outcry, the Judiciary of Scotland released a statement explain the sheriff’s “wholly exceptional” decision.

It said that the sheriff “considered the offence to be the result of an entirely inappropriate curiosity of an emotionally naive teenager rather than for the purpose of sexual gratification”.

It added that any recorded conviction for the offence would have "serious consequences in terms of the accused's future career" and that the sheriff did not believe Daniel would re-offend.

But Scottish Labour Justice spokesperson Daniel Johnson has written to the head of the Scottish Sentencing Council, Lady Dorrian, asking for sentencing guidelines on sexual assault to be developed urgently.

In his letter Johnson said the response to the verdict and subsequent written report had been one of “shock and confusion” from the public and rape crisis organisations and there were questions over whether Daniel would have been treated as leniently “had not been so academically successful”.

Johnson said: “I am deeply concerned that as well as the distress the verdict has caused for the victim’s family, there is a risk of disillusionment and lack of confidence in our sheriffs.

“I see from your website that you are currently developing guidelines on the sentencing process, the sentencing of young people, death by driving, and environmental and wildlife crime.

“In its latest business plan the council announced that it will begin the development of a guideline or guidelines on sexual offences.

“I would ask that in light of the recent choice not to pass sentence on Christopher Daniel and the public response, the Sentencing Council consider making developing guidelines on sexual assault, giving particular attention to sentencing of young people, a matter of urgency.”

Sentencing guidelines, which are designed to help judges decide what sentence to give and ensure sentences are fair and consistent, are a recent development in Scotland.

Scotland’s first sentencing guideline, outlining the general principles and purposes of sentencing, was passed by the High Court of the Justiciary in October and came into force in November.

Further guidelines are currently being developed by the Scottish Sentencing Council.