Lord Beckett

The response, set out in a report published today, “focuses on addressing those matters of most interest to respondents and explains how the guidelines have been amended as a result”.

There are two separate guidelines. One covers rape, and the other covers the rape of a young child under the age of 13. The finalised guidelines will now be submitted to the High Court for approval.

If they are approved, either as submitted or with changes, they will come into effect on a date set by the court.

All of the sentencing options provided within the guidelines remain long-term, custodial sentences. In view of the council’s consideration of all the evidence, which includes sentencing practice as recently set out by the Appeal Court, some of the sentencing ranges in each guideline have been increased.

In the guideline on sentencing rape, these now start at five years’ imprisonment, while in the rape of a young child sentencing guideline, they start at seven years’ imprisonment. A number of the higher ranges have been increased within each respective guideline. The highest points of the sentencing ranges remain at 13 years for rape and 14 years for rape of a young child. The options of extended sentences, and orders for lifelong restriction (a form of life sentence) remain.

Other key changes include the removal of specific mitigating factors (which may lead to a less severe sentence). The guidelines instead refer users to the mitigating factors listed for all offences within the council’s guideline on the sentencing process. The council considered the matter carefully and has taken the view that there are no mitigating factors sufficiently specific to the offence of rape which merit emphasis in these guidelines. However, courts will continue to take any mitigating factors relevant to a particular case into account where appropriate.

A further section addressing how non-harassment orders operate has been introduced, as well as a number of clarifications to help assist general understanding of certain features of seriousness. These include examples of an abuse of trust, and psychological harm and trauma. The report sets out the rationale for all of the decisions taken.

The chair of the council, the Lord Justice Clerk, Lord Beckett, said: “These are serious offences of great concern to the public. The guidelines are intended to assist judges in determining appropriate sentences and will help to enhance consistency and predictability in sentencing. They will provide greater understanding as to how sentencing decisions are reached for those involved, or interested, in such cases, including victims and offenders.

“They have been developed with an evidence-based approach, which has included wide-ranging engagement, analysis of relevant sentences imposed by the Scottish courts, commissioned research projects including a national survey, and a report exploring the views of victims.

“The public consultation was a significant part of the development process, and we are grateful to all of those who took the time to participate. Each response has been independently analysed, and carefully considered by the council, before final decisions were taken.”