Principles and Purposes of Sentencing
Last Updated: 22 February 2018
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:
The Scottish Sentencing Council public consultation on the Principles and Purposes of Sentencing closed at noon on 27 October 2017.
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.