MSP proposes Bill with ten-year maximum sentence for desecrating war memorials

An MSP has proposed a Bill that could see a maximum sentence of ten years in prison for desecrating or damaging a war memorial.

Speaking at a Constitution, Europe, External Affairs and Culture Committee meeting on Thursday, Scottish Conservative MSP for Central Scotland, Meghan Gallacher, outlined her proposals for a new Bill specifically to protect Scotland’s war memorials.

The Desecration of War Memorials (Scotland) Bill came under scrutiny over the high levels of punishment for the crime.

The Bill proposes a maximum custodial sentence of ten years in prison or an unlimited fine.

Gallacher said current vandalism laws did not take into consideration the “distress caused to individuals and communities” in its sentencing of war memorial-related vandalism.

She said: “While these sentencing options are appropriate for most instances of vandalism, they do not allow for courts to consider higher penalties which would deter acts of desecration against war memorials and provide adequate redress for the distress caused to individuals and communities as a result of such acts.

“The question I have for all committee members today is this: do they believe that vandalism of a war memorial should be treated the exact same way as vandalism of a lamp-post or a telephone box?

“In short, I do not believe that the current criminal law adequately takes account of the impact of desecration of a war memorial on the people and communities for whom the memorial has significant and symbolic meaning.

“That is why I consider that there should be a specific statutory offence of desecration of a war memorial with options for higher penalties to be handed down by courts than those which are available at the present, thereby creating a stronger deterrent.”

Convictions of vandalism of war memorials in Scotland are currently prosecuted under the Criminal Law (Consolidation) (Scotland) Act 1995.

The current penalties include imprisonment for up to 60 days or up to three months in prison and/or a fine for a first offence.

Subsequent offences in the sheriff court can result in up to six months in prison and/or a fine.

In her reasoning for the proposed Bill, Gallacher referred to six instances of damage to war memorials in 2021 and a petition from Friends of Dennistoun War Memorial calling for stronger legislation.

The petition, which closed in 2022, said: “The law treats vandalism/desecration of places of worship, for example, differently when compared to a block of flats, but doesn’t treat desecration of a memorial to the fallen differently to that of a telephone box.”

While members of the committee agreed that desecration and damage to war memorials is unacceptable, concerns were raised about the severity of the penalties proposed.

Green MSP Patrick Harvie said: “I’m concerned about the upper limit you’ve suggested of 10 years. There are people convicted of multiple offences of trafficking class A drugs who are sentenced to less than that.

“Is that really a fair comparison? Is there not some concern that you’ve placed the upper limit too high?”

Gallacher said she did not have concerns about the penalties as she believes it would depend on the severity of the crime.

She said: “I don’t believe that, for example, the crimes discussed this morning in relation to permanent marker, in relation to urinating or defecating, would amount to a 10-year sentence.

“However, if it was the case that a war memorial was completely destroyed that would be up to the courts to determine what level of sentencing would be delivered in that instance.

“I take your point in relation to concerns, however I do believe we have to create a strong deterrent given what we’ve seen in recent times.”