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Views sought on sentencing principles

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Views sought on sentencing principles

There is still time to take part in the Scottish Sentencing Council’s public consultation on its first guideline on the principles and purposes of sentencing for all offences.

The deadline for submissions is noon on 27 October.

Although some relevant guidance already exists in the form of court decisions in particular cases, this will be the first time that a comprehensive definition is provided for the principles underlying sentencing decisions and the purposes they seek to achieve.

The draft guideline sets out an overarching principle of ‘fairness and proportionality’ and a series of supporting principles which contribute to this.

Some of the supporting principles are:

  • similar offences should be treated in a similar manner

  • sentences should be no more severe than necessary

  • reasons for sentencing decisions should be stated clearly and openly

  • people should be treated equally, without discrimination.

  • The draft guideline also outlines the purposes sentencing may seek to achieve, for example: punishmen

  • reduction of crime (including through rehabilitation)

  • reflecting society’s disapproval

  • giving offenders an opportunity to make amends.

    • The draft guideline is designed to assist judges in court and to help the public better understand how sentences are decided.

    The consultation asks people to comment both on the principles and purposes identified, and on how easy the guideline is to understand.

    Click here to take part in the consultation

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