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Drunken violence plans attacked Drunken violence plans attacked
(10 minutes later)
Moves to stop people using drunkenness as an excuse for violent crime have come under fire. Moves to create legislation to stop people using drunkenness as an excuse for violent crime have come under fire.
Justice Secretary Kenny McAskill outlined his plans at a World Health Organization conference on violence at Tulliallan Police College.Justice Secretary Kenny McAskill outlined his plans at a World Health Organization conference on violence at Tulliallan Police College.
But eminent lawyer Joe Beltrami said alcohol has never been considered as a mitigating factor by Scottish courts.But eminent lawyer Joe Beltrami said alcohol has never been considered as a mitigating factor by Scottish courts.
Seven out of 10 people accused of murder in Scotland were under the influence of drink or drugs.Seven out of 10 people accused of murder in Scotland were under the influence of drink or drugs.
If you behave in an ignorant loutish manner, shout, bawl, breach the peace, assault someone, commit domestic violence, don't use alcohol as an excuse Kenny McAskillJustice secretaryIf you behave in an ignorant loutish manner, shout, bawl, breach the peace, assault someone, commit domestic violence, don't use alcohol as an excuse Kenny McAskillJustice secretary
Speaking at Tulliallan, in Fife, Mr McAskill said: "Here in Scotland we have a clear lethal cocktail of alcohol and knives that results in carnage.Speaking at Tulliallan, in Fife, Mr McAskill said: "Here in Scotland we have a clear lethal cocktail of alcohol and knives that results in carnage.
"That's why we believe we have to trigger a message culturally, as well as through the legal system, that alcohol cannot and will not be tolerated as an excuse for criminal behaviour.""That's why we believe we have to trigger a message culturally, as well as through the legal system, that alcohol cannot and will not be tolerated as an excuse for criminal behaviour."
He said 70% of those who commit murder are under the influence of drink or drugs.He said 70% of those who commit murder are under the influence of drink or drugs.
Figures show that almost half of Scotland's 7,000 prisoners claim to have been drunk at the time of their offence.Figures show that almost half of Scotland's 7,000 prisoners claim to have been drunk at the time of their offence.
The justice secretary said: "If you behave in an ignorant loutish manner, shout, bawl, breach the peace, assault someone, commit domestic violence, don't use alcohol as an excuse. This is unacceptable."The justice secretary said: "If you behave in an ignorant loutish manner, shout, bawl, breach the peace, assault someone, commit domestic violence, don't use alcohol as an excuse. This is unacceptable."
The statement he made this morning doesn't make sense - it has always been the case that it is not a mitigatory factor Joe BeltramiThe statement he made this morning doesn't make sense - it has always been the case that it is not a mitigatory factor Joe Beltrami
Det Ch Supt John Carnochan of the police Violence Reduction Unit has said that alcohol use should be considered an "aggravating" factor when sentencing someone for a crime. The justice department is to undertake a review to see whether a future Criminal Justice Bill can make a clear statement in law that being drunk will not be accepted in courts as an excuse for bad behaviour.
Mr McAskill said: "What we are triggering is that it can no longer be a mitigatory factor. Mr McAskill said: "I will leave it to the Crown and the court to decide whether there are instances, and I think there are, where alcohol is an aggravation."
"I will leave it to the Crown and the court to decide whether there are instances, and I think there are, where alcohol is an aggravation."
But Mr Beltrami accused the minister of not understanding how the law works.But Mr Beltrami accused the minister of not understanding how the law works.
The licensed trade called for more responsible drinking
He told BBC Scotland: "He should consult people who know what they are doing, who know their way about the courts, for example myself, and we'd help to keep him right.He told BBC Scotland: "He should consult people who know what they are doing, who know their way about the courts, for example myself, and we'd help to keep him right.
The licensed trade called for more responsible drinking
"But the statement he made this morning doesn't make sense - it has always been the case that it is not a mitigatory factor, it's an aggravating factor, no doubt.""But the statement he made this morning doesn't make sense - it has always been the case that it is not a mitigatory factor, it's an aggravating factor, no doubt."
Labour's justice spokeswoman Margaret Curran said: "Labour agrees with the sentiments from the SNP justice secretary, but this is just one step and in dealing with a drinking culture, the wider issues must be addressed, for example poor health and antisocial behaviour."Labour's justice spokeswoman Margaret Curran said: "Labour agrees with the sentiments from the SNP justice secretary, but this is just one step and in dealing with a drinking culture, the wider issues must be addressed, for example poor health and antisocial behaviour."
The Scottish Conservative Party said when it comes to alcohol abuse, some of the statistics were chilling.The Scottish Conservative Party said when it comes to alcohol abuse, some of the statistics were chilling.
John Lamont MSP said: "These figures are clear evidence that the last executive's strategy to tackle alcohol abuse didn't make any impact on the problem."John Lamont MSP said: "These figures are clear evidence that the last executive's strategy to tackle alcohol abuse didn't make any impact on the problem."
The Scottish Beer and Pub Association supported Mr McAskill's view that drunkenness was no excuse for violence.The Scottish Beer and Pub Association supported Mr McAskill's view that drunkenness was no excuse for violence.
Chief executive Patrick Browne said: "Personal freedom to consume alcohol brings with it the personal responsibility to consume it sensibly." The third Milestones of a Global Campaign For Violence Prevention conference at the Fife college has been organised on behalf of the World Health Organization (WHO).Chief executive Patrick Browne said: "Personal freedom to consume alcohol brings with it the personal responsibility to consume it sensibly." The third Milestones of a Global Campaign For Violence Prevention conference at the Fife college has been organised on behalf of the World Health Organization (WHO).
At the conference, worldwide experts will discuss developments in research, policy and practice for violence prevention.At the conference, worldwide experts will discuss developments in research, policy and practice for violence prevention.
The two-day meeting at Tulliallan Castle from is hosting more than 200 researchers, practitioners and advocates in the field.The two-day meeting at Tulliallan Castle from is hosting more than 200 researchers, practitioners and advocates in the field.