§ Mrs. FyfeTo ask the Secretary of State for Scotland what plans he has to introduce legislation to alter the range of sentences open to the courts in cases of rape and sexual assault.
§ Lord James Douglas-HamiltonIn Scotland rape, and most other sexual assaults, are common law offences where the maximum sentences available to the court are not laid down in statute but determined only by the maximum sentencing power of the court in which a case is heard. Where a case is heard on indictment, a sheriff sitting with a jury may impose a sentence of up to three years' imprisonment or remit the case to the High Court for a higher sentence if he believes this to be appropriate. A judge in the High Court may impose a sentence of up to life imprisonment. We believe, therefore, that there are already appropriate penalties available to deal with even the most serious cases.