Commencement progress

The legislation paving the way for the Scottish Sentencing Council’s establishment on 19 October has now been laid before the Scottish Parliament.

Along with the Commencement Order, several other measures are being put in place to ensure the Council is fully functional.

This includes a draft Order giving the Scottish Courts and Tribunals Service the power to pay Council member expenses. The rates for lay members will be set by the Scottish Ministers, while those for judicial and legal members will be set by the Lord Justice General.

Under the Commencement Order, the new Sheriff Appeal Court (SAC) can require the Scottish Sentencing Council to prepare and review guidelines in the same way as the High Court. For further details see our page on sentencing guidelines.

The Council was also added to the list of Scottish organisations governed by the Public Records (Scotland) Act 2011 which requires it to implement a records management plan.

Recruitment of Council members is ongoing and appointments will be made in time for the formal establishment in October.