Principles and Purposes of Sentencing
- First published 01 August 2017
- Last updated 22 February 2018
27 October 2017 12:00pm
The Scottish Sentencing Council is conducting a public consultation seeking views on its first draft sentencing guideline – the Principles and Purposes of Sentencing.
Although some guidance on appropriate sentences in particular cases is available in the form of court decisions, the fundamental principles and purposes of sentencing in Scotland have not been expressly defined in any single piece of legislation or court judgment.
The Scottish Sentencing Council's first draft guideline, the Principles and Purposes of Sentencing, aims to set out clearly both the principles underlying sentencing decisions and the overarching purposes of sentencing.
The guideline is intended to:
- provide judges and the public with a clear statement about the aims of current sentencing practice in the Scottish courts
- increase transparency by providing the public with an understanding of the approach taken by judges when deciding decisions
- promote consistency in the approaches taken by judges to sentencing
The public consultation paper (which includes the background discussion, details of proposals and consultation questions), the draft guideline, and draft impact assessment are available for download:
- Principles and Purposes of Sentencing - Consultation (351Kb)
- Principles and Purposes of Sentencing - Draft sentencing guideline (488Kb)
- Principles and Purposes of Sentencing - Draft impact assessment (284Kb)
The Scottish Sentencing Council public consultation on the Principles and Purposes of Sentencing is now closed.
The Scottish Sentencing Council public consultation on the Principles and Purposes of Sentencing closed at noon on 27 October 2017.
Consultation responses and analysis
Responses from the Scottish Sentencing Council’s public consultation on a draft Principles and Purposes of Sentencing guideline and independent analysis.
The Scottish Sentencing Council carried out a three month consultation on its draft Principles and Purposes of Sentencing guideline, which closed on 27 October 2017. Sixty responses were received from a range of individuals and organisations; organisational responses plus those from individuals who gave their consent are available below. An analysis, also available below, was conducted independently by the Research Shop and examines each of the questions posed by the consultation, summarising the key points and themes.
Please note that the consultation responses and independent analysis may not reflect the views of the Council.
- Principles and Purposes of Sentencing - Consultation Analysis (Executive Summary).pdf (382Kb)
- Principles and Purposes of Sentencing - Consultation Analysis.pdf (520Kb)
The findings from the consultation exercise informed the Council’s work in finalising the Principles and Purposes of Sentencing guideline. The Council’s report on the consultation exercise, setting out its views and an indication of how the guideline submitted to the High Court will differ as a result, is available below.