Sentencing

The presumption against prison sentences of less than three months has had a “limited” impact and the rule is undermined by the introduction of more offences with short prison terms, The Herald reports. The rule was introduced by the Scottish government in 2011 in an attempt to reduce th

The Scottish Sentencing Council (SSC) has announced plans to commission a review on the current understanding of the development of cognitive maturity in young adults and a study exploring young people's attitudes to sentencing, including those of young offenders. The projects will be included in th

The Society of Solicitors in the Supreme Courts of Scotland (SSC) is delighted to announce that Esther Roberton, author of Fit For The Future, the report of the Independent Review of Legal Services Regulation in Scotland is to speak at an open meeting on Thursday 16 May. SSC president Douglas Thomso

Offenders with mental health conditions and disorders could be given more lenient sentences under proposed guidance published in a consultation from the Sentencing Council. When the guidance is published in its final form judges and magistrates in England and Wales will have a process to follow when

There is a risk that sentencing guidelines may ultimately lead to higher sentences because of public perception of cases deemed high profile by the media, the Lord President, Lord Carloway has said. In an address to the Royal Faculty of Procurators in Glasgow on case management and sentencing, Lord

Current and former Supreme Court judicial assistants (JAs) visited Edinburgh last week to regale practitioners with stories from the highest court in the land. Attendees learned about their work summarising cases, deliberating with justices, the annual JA trip to the US and the immensely positive im

The average length of custodial sentences in Scotland is at its highest in the last ten years, increasing by 21 per cent since 2008/09, new figures reveal. The Criminal Proceedings in Scotland, 2017-18 bulletin shows the use of custodial sentences under three months has fallen over the last decade,