Sentencing young people guideline
As well as there being specific statutory arrangements in place, sentencing of younger people often requires a more individualistic approach, taking into account the particular personal characteristics of the young person concerned. For example, depending on the age and maturity of the young person, their culpability in relation to the offence might be lower than that of an adult.
In addition, we recognise that many young people who have committed offences have experience of trauma, including higher than average experience of traumatic bereavement, and we will consider how that should be taken into account in sentencing.
The sentencing young people guideline was approved by the High Court of Justiciary on 09 November 2021 and came into effect on 26 January 2022.
Current sentencing practice and knowledge on youth offending (Research carried out by Rocket Science UK Ltd)
The development of cognitive and emotional maturity in adolescents and its relevance in judicial contexts (Research carried out by University of Edinburgh)
Attitudes of young people to the draft guideline on sentencing young people (Research carried out by the University of the West of Scotland)
Response to the public consultation
An interview with Lady Dorrian discussing key aspects of the guideline can be viewed below. This was recorded when the Council announced its final decisions about the guideline in September 2021