I agree whole heartedly that the sentence is too lenient, but I think many posters are misinterpreting the legislation regarding young offenders. Nowhere does it say that people under 25 are not old enough to know right from wrong, or that they are never to receive a custodial sentence.
The introduction begins "The exercise of sentencing a young person is different from that of sentencing an older person, in particular because a young person will generally have a lower level of maturity, and a greater capacity for change and rehabilitation, than an older person."
A young person doing time in prison comes into contact with older, more experienced criminals, some of them recidivists whose lifestyle ignores the moral and legal rules that should be guiding a youngster. Most young offenders lack a good male role model to follow, so they are likely to copy these apparently strong characters and graduate to worse crimes. They may make friends with other young offenders, continue the friendship after their release, and be drawn into gang crime, ending up with worse personalities than they began.
In theory, prison should include rehabilitation and an improvement in their attitude to the rights of other people. In practice, the prison service is hard pressed coping with inmates, and keeping them out of circulation for the extent of their sentence is a more achievable goal than reforming them. A suitable sentence of some other kind of recompense for the crime of which they have been found guilty may bring them into contact with probation officers and others who can set them on a better path before they become hardened criminals
"18. The court should consider whether an appropriate sentence:
- can be structured in such a way as to enable the young person to comply with it;
- will reduce the likelihood of further offending;
- will give the young person the opportunity to understand the consequences of their offending behaviour;
- will address the underlying causes of that behaviour;
- will reduce the likelihood of the young person being stigmatised; and
- will assist in developing or maintaining positive relationships.
- This list is not intended to be exhaustive and is not in any order of priority.
This is a more positive and sensible policy than just saying "They didn't know they were doing wrong, diddums den, don't punish them" which some posters seem to think is behind the legislation.
"20. The full range of sentencing options remains open to the court. However, the nature and duration of a sentence imposed on a young person should be different from that which might be imposed on an older person being sentenced for the same, or a similar, offence.
www.scottishsentencingcouncil.org.uk/media/2171/sentencing-young-people-guideline-for-publication.pdf
