Sean Hogg: what are the rules for sentencing under 25s in Scotland after child rapist walks free from court

The Scottish judicial system is under fire after a 21-year-old convicted rapist was spared from jail after being convicted of raping a 13-year-old girl. 

Sean Hogg, of Hamilton, South Lanarkshire, was sentenced at the High Court in Glasgow on Monday 3 April after he was found guilty of attacking the teenage girl multiple times in 2018. However, he was given a 270 hour community payback order for his crimes, as well as being placed under supervision and put on the sex offenders register for three years. 

Judge Lord Lake said that his age was a major factor in the decision to spare him from a prison sentence. It comes after sentencing guidelines for under 25s in Scotland were updated last year. 

The judge told the 21-year-old: “You are a first offender with no previous history of prison - you are 21 and were 17 at the time. Prison does not lead me to believe this will contribute to your rehabilitation.”

But what exactly do the guidelines say, and what has been said about the Hogg case? Here’s everything you need to know. 

What are the sentencing guidelines for under 25s in Scotland? 

The sentencing guidelines were introduced by the Scottish Sentencing Council in January 2022. They state that judges handing down sentences to those under 25 should prioritise rehabilitation over incarceration and take an “individualistic approach” to sentencing. 

Judges will take into account the intellectual and emotional maturity of the convicted person, as well as other factors such as childhood trauma and personal circumstances, before deciding on an appropriate punishment. The guidelines apply to those who are under 25 at the time of their conviction, not at the time the crime took place. 

The guidance reads: “A custodial sentence should only be imposed on a young person when the court is satisfied that no other sentence is appropriate. If a custodial sentence is imposed on a young person, it should be shorter than that which would have been imposed on an older person for the same, or a similar, offence.”

The Scottish Sentencing Council said that they were introduced in a hope to reduce re-offending. The guidelines are the result of a decision made by the body in response to scientific evidence from the University of Edinburgh that the brain is not fully mature until after 25. 

However, the guidelines do not prevent the judge from handing down a harsher sentence for any reason. They are free to hand down a full range of sentencing options to someone under 25 who is convicted but will need to write to the council to explain their decision. 

What has the Scottish Sentencing Council said about the Sean Hogg case? 

The lenient sentencing of Hogg has attracted widespread condemnation. The Scottish Tories have criticised the Scottish Government's “soft-touch” approach to justice reforms and called for a review of the current sentencing guidelines. 

In response to the backlash, the Scottish Sentencing Council defended the guidelines. A spokesperson for the body said:  “The Sentencing Young People guideline has been approved by the High Court and is based on robust, independently-assessed evidence from around the world into the cognitive development of young people.

“The guideline makes it clear that the full range of sentencing options remains open to the court, including imprisonment. It also states that because young people have a greater capacity to change rehabilitation should, where appropriate, be a primary consideration to reduce the risk of re-offending.

“The sentencing decision in any individual case is always for the independent judge and will be based upon the unique circumstances of the case. When considering a case, a judge must always consider the harm caused to the victim as well as the culpability and circumstances of the offender.

They added: “Sentencing guidelines are just that – guidelines. Where appropriate a judge can decide not to follow a guideline, but must give their reasons.

“The council is currently developing a guideline on sentencing rape offences. This will include a full public consultation. Responses will be carefully considered before a draft guideline is submitted to the High Court for approval.”