Council releases new video on the sentencing process in Scotland

A new video commissioned by the Council provides insight into the sentencing process in Scottish Courts.

The video sets out the steps judges follow in deciding a sentence and features interviews with justice experts including Sheriff David Young KC, prosecutor Alex Prentice KC, solicitor Julia McPartlin, Kerry Knox from Victim Support Scotland, and Professor Beth Weaver from the University of Strathclyde.

Interwoven with these interviews is a court scene involving actors (pictured above) to depict a fictious, but realistic, case concerning an offender found guilty by a jury of a serious assault against his neighbour. The video takes viewers through the different elements of the case, before directing them to an online poll asking what sentence they would give the offender. They can read more information about what factors might be considered in reaching the sentencing decision and viewers are then told what sentence a practising sheriff would give the fictitious offender.

The video is designed to help the public better understand how sentencing works in Scotland's courts, explaining how courts arrive at sentencing decisions and what may be taken into account, such as the seriousness of the offence and any aggravating or mitigating factors.

The steps discussed in the video are outlined in the Council’s guideline on the sentencing process, which was approved by the High Court and applies to all offenders who are sentenced on or after 22 September 2021. As with all the Council’s guidelines, one of the main objectives of the sentencing process guideline is to achieve consistency in sentencing across Scotland.

The film is the third in a series on sentencing commissioned as part of the Council’s online information resources. The first two in the series are on community sentencing and custodial sentences.

All videos can be viewed on the Council website.