Scottish Tory leader Russell Findlay has criticised John Swinney for failing to guarantee that a teenager who killed a bus driver will have his free pass removed when he is released.
The teenager, who was sentenced to four years and four months in custody, could be released within weeks after two years in secure accommodation.
Findlay accused the Government of “weakening the justice system” and attacked plans to reduce the automatic release point for short-term prisoners to 30% of their sentence in a bid to relieve pressure on the prison system.
He also returned to attack sentencing guidelines which steer judges away from sending those under the age of 25 to prison.
Findlay raised the case of Mr Rollinson, the Elgin bus driver who died after being attacked by a 16-year-old.
The child in question – who cannot be named for legal reasons – was sentenced to four years and four months in custody, and the Tory leader said he will be out after serving two years.
Findlay said Mr Rollinson’s widow was “sickened” that his killer was not sent to prison and could be released after just two years in charity-run accommodation.
Swinney declined to answer directly when asked if he could promise Mrs Rollinson that her husband’s killer would have his free bus pass removed.
Responding, the First Minister said he has “every sympathy” for Mr Rollinson’s widow, Sue, adding: “She and her husband should never have had to experience the awfulness of what they have experienced.
“I can only express my sympathy to her and set out what is happening in relation to criminal justice in Scotland today.”
Findlay said: “It’s shameful that John Swinney cannot guarantee that the thug who attacked and killed Keith Rollinson will be stripped of his free bus pass.
“Keith’s killer previously attacked another bus driver, yet he was still allowed to keep his free pass.
“Our party has been campaigning for years to deny free travel from those who commit crimes and anti-social behaviour on buses.
“John Swinney agreed to make this happen last year, but nine months on, it still hasn’t happened because the SNP government has botched the legislation.
“Keith’s widow, Sue, is rightly furious that her husband’s killer may still be entitled to free bus travel when he gets out
“Keith Rollinson’s tragic case highlights so much of what’s wrong with the SNP’s weak justice approach.
“A law that keeps some killers out of prison, guidelines that ensure other serious criminals are not jailed, releasing thousands of criminals early.
“There’s so much more, and none of this is by accident – it is by design.
“And now, John Swinney is going to free some prisoners after serving just 30% of their sentences.
“The SNP – stronger for criminals.”
Findlay said the sentencing guidelines “traumatise victims by treating murderers and rapists as if they are children”.
“This is all based in the nonsense belief that they are not mature enough to be responsible for their crimes.
“They are one of the many ways in which the SNP Government has spent years weakening Scotland’s justice system.”
Asked if he will scrap the guidelines, the First Minister said: “The young persons’ sentencing guidelines makes it clear that all sentencing options, including imprisonment, remain open to the court and it’s really important that I put that point on the record, because it’s just not the case that these sentencing guidelines make the provisions that Mr Findlay has talked about.
“These decisions on sentences are taken by the independent judiciary, and I think it’s an important principle of our judicial system that the judiciary is able to operate independently of Government, with the ability to exercise the full range of options, including imprisonment.”
Recorded crimes, he said, have fallen, while prison sentences are longer, “as a consequence of the success of the Government in taking forward, through the Crown, the prosecution of many crimes that were previously unaddressed”.
Swinney added: “I have every sympathy with Mrs Rollinson for what she’s experienced and I want to assure her that this Government is doing everything it can to make sure that those who commit crimes will be apprehended, prosecuted and, when the courts decide to do so, they will be imprisoned as well.”
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