How research shapes Scotland's sentencing guidelines

In this blog, the Council’s Principal Research Officer, Dr Nicole Vidal, discusses research and how it informs our work.

At the Scottish Sentencing Council, we are often asked the question: "How do you decide what goes into sentencing guidelines?" The answer lies in our commitment to evidence-based and comprehensive research.

Sentencing involves complex considerations, and even issues that may seem straightforward can raise questions. Our work is firmly rooted in evidence, and we are committed to thoroughly evaluating insights derived from research, engagement, and consultation.

Building a strong foundation

Our Research Committee plays a central role in our work, providing direction and helping ensure we gather meaningful evidence about sentencing in Scotland. But we don't just gather data for data's sake. Our research projects help us create guidelines that reflect both justice and real-world practicality. The Research Committee ensures that all facets of its work are informed by reliable, high-quality, research.

From research to reality: how we develop guidelines

When we develop guidelines, we look at the full picture:

• the causes and effects of criminal behaviour
• current sentencing practices including appeal judgments
• public perceptions and expectations
• engagement with victims' organisations, relevant stakeholder groups, and practitioners
• statistical data on sentencing patterns
• available sentencing options.

Remaining abreast of relevant issues, we routinely review our Research Framework to ensure its ongoing effectiveness. This framework is essential for enabling us to make well-informed decisions regarding research projects and clearly outlines our primary areas of interest. If you want to know more about our Research Framework then you can download the latest version here.

The Council is actively involved in a wide range of research projects, which are either conducted by a member of our team or by independent researchers. Recent examples include our Issues Paper on judicial perspectives of mental health and sentencing and the externally commissioned literature review conducted on our behalf on the sentencing of offences involving stalking in Scotland. Our Research Framework provides researchers with a clear understanding of our expectations and priorities. Projects conducted to date, include studies aimed at understanding public perceptions of sentencing along with gathering evidence on current sentencing topics of interest, employing various approaches, including qualitative, quantitative, and mixed-methods techniques.

Here's an example: when we developed the guideline for sentencing death by driving offences, we didn't just review quantitative sentencing data. We engaged with members of the judiciary, commissioned a literature review on causing death by driving offences, analysed sentencing patterns across Scotland and the UK, and carried out a national survey with more than 1,000 participants to understand public perceptions of sentencing more widely. Interestingly, we found that when people understand all the facts involved in sentencing decisions, their views on appropriate sentences were often broadly in line with estimated likely sentences. We’ve recently completed our second national survey, which covers both general matters and different offences from the first survey, and we’ll be sharing those findings soon.

What is our current focus?

We're focusing on several key areas of interest to the Council:

• sexual offences
• domestic abuse
• sentencing following a guilty plea
• environment and wildlife
• sentencing and mental health issues
• modern slavery and human trafficking
• identifying any unwarranted disparities in sentencing

Looking ahead

We're constantly evolving our research approach to stay current and effective. We work closely with academics and researchers, commission targeted studies, and welcome new research suggestions. Effective sentencing guidelines depend on solid evidence and wide-ranging engagement.

To this end, we have recently held our second research symposium which brought together academics, key stakeholders and justice professionals, and offered an informative and constructive discussion on sentencing research. Building on the success of our inaugural research symposium held in November 2023, this year’s symposium held in May was co-hosted by the Scottish Centre for Crime and Justice Research and the Sentencing Academy, and explored efficacy from a comparative perspective. These symposia form part of an ongoing series aimed at enhancing collaboration and reinforcing our commitment to evidence-based sentencing research. 

If you want to learn more about our research or share your thoughts, we're always eager to engage with criminal justice organisations, third sector organisations, and the academic community in this important work. To stay informed about forthcoming projects and bidding opportunities, register with the Public Contracts Scotland or get in touch with us directly by emailing sentencingcouncil@scotcourts.gov.uk.