Lady Dorrian

The council was responding to a motion for debate in the Scottish Parliament tomorrow, concerning sentencing policy in general and the council’s work programme.

Lady Dorrian, Lord Justice Clerk and chair of the Scottish Sentencing Council said: “We welcome parliamentary interest in our work, and agree that transparency and consistency in sentencing are vital. In Scotland’s first sentencing guideline, approved by the High Court last year, we set out both concepts as underpinning all sentencing decisions.”

She added: “However, the guideline also notes that treating cases similarly does not mean that they should be dealt with in exactly the same way.

“Each case is unique, and variations in sentencing will occur as a result of the presiding judge taking into account the particular circumstances arising.

“For this reason, we consider it undesirable to use decisions in individual cases as the rationale for changing sentencing policy in general. Such an approach would be unlikely to promote consistency, predictability, or transparency.”

On the issue of sexual offences, Lady Dorrian said “we would note that this is a wide ranging, sensitive, and complex topic, which will require careful consideration”.

She added: “While we do not anticipate guidelines on sexual offences being finalised during the current business plan period, this is not a delay but simply reflects the council’s current work programme and the likely work involved in addressing this subject.

“We have already held initial discussions with the judiciary and with a range of organisations with interest and experience in the sentencing of sexual offences, including victim support organisations, and we have begun research into public views in this area.

“It is likely that the council will develop multiple guidelines on sexual offending, and we hope to announce the areas of initial focus soon. However, given the seriousness and sensitivity of such offences, it is vital that any guidelines we produce are well-researched and fit for purpose.”