First sentencing guideline approved by High Court of Justiciary

Lady Dorrian

During a short hearing, Lord Carloway, Lord Brodie, and Lord Drummond Young approved the guideline, which was developed by the Scottish Sentencing Council. The guideline will come in to force on Monday 26 November.

Lady Dorrian, Lord Justice Clerk and chair of the Scottish Sentencing Council, said: “This is an historic moment. The approval of Scotland’s first sentencing guideline marks a new approach to supporting sentencing consistency and decision making. The fundamental principles and purposes of sentencing have never before been expressly defined in Scotland, and we believe that this first guideline will have significant benefits both to the public and the courts.

“The guideline sets out a core principle of ‘fairness and proportionality’ which we consider underlies all sentencing decisions, and purposes which sentencing may seek to achieve, such as rehabilitation, protection of the public, and punishment.

“In developing the guideline we have drawn on expertise and research from across Scotland and other jurisdictions, and I would like to thank all those who have provided views and helped to shape our approach, particularly during the public consultation exercise. We were clear from the outset that our approach to developing guidelines will always be evidence based. This does take more time but is essential in getting guidelines right.”

The council held a three-month public consultation last year, seeking views on a draft of the “principles and purposes of sentencing” guideline.

As a result of the consultation, “protection of the public” and “rehabilitation of offenders” were stated as distinct purposes of sentencing. Reference to considering the impact of an offence on others affected by the case, in addition to the victim, was also included.

Following on from the first guideline being approved, the Council has also published its 2018-21 business plan today.

Developing guidelines on sexual offences and sentence discounting will now be included in its planned work programme for the next three years. This is in addition to continuing work on guidelines relating to the sentencing process, sentencing young people, causing death by driving, and environmental and wildlife offences.

Lady Dorrian added: “Sexual offending has increasingly become an area of public concern in recent years, with increased reporting, prevention and enforcement action. Sexual offences account for a high proportion of sentencing, particularly in the High Court, often involving difficult decisions in complex circumstances.

“This is an area of great public importance in which we believe a guideline or guidelines would bring significant benefits to the judiciary, those who have been involved in such cases, and to the wider public.

“Sentence discounting is also an area in which we consider guidance would be helpful. Support and advocacy organisations tell us that victims and their families sometimes find it difficult to understand why a discounted sentence has been given in certain circumstances and there is anecdotal evidence from practitioners that a guideline would also provide greater predictability for accused persons.”