Lady Dorrian

The plan marks a new phase of work for the council as it approaches its tenth anniversary in 2025, building on its established framework of general guidelines with an “ambitious programme of new projects”.

In a major development, the council will begin work on a new sentencing guideline for people with mental health and related issues. The council said it recognises the prevalence of mental illness, neurodivergence, and learning disabilities among the offending population, as well as the challenges in addressing these issues in sentencing.

The plan also announces the development of a guideline on assault offences, reflecting the council’s continued focus on crimes of violence. Assault offences are high in volume, affect a high number of victims, and can encompass a very broad spectrum of offending behaviour.

The council will continue its work in finalising guidelines on rape offences following the recent public consultation, and further progress work on domestic abuse and environmental and wildlife crime guidelines.

A second national survey on public perceptions of sentencing will also report in 2025, coinciding with the council’s tenth anniversary. This research will help to establish a longitudinal dataset to measure the council’s contribution to public understanding over time.

Lady Dorrian, lord justice clerk and chair of the council, said: “Having established a strong foundation with our previous guidelines, we are now entering an important phase of work. The development of guidelines on mental health and related issues in sentencing, and on assault offences will bring particular public value, while our research initiatives will help ensure our work continues to be evidence-based and responsive to public understanding.”

Lady Dorrian, who will retire as lord justice clerk and therefore as chair of the council in February 2025, added: “When I first took on this role in 2016, the council was in its infancy and grappling with the challenging task of preparing the very first guidelines for the Scottish jurisdiction, addressing the fundamental principles and purposes of sentencing.

“As the council moves forward into its second decade, I am confident that it will continue to promote consistency, assist policy development, and promote greater awareness of sentencing policy and practice, continuing to make a significant contribution to the Scottish criminal justice system.”