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.
Please note, the consultation on this sentencing guideline has now closed.
The sentencing young people guideline was approved by the High Court of Justiciary on 09 November 2021 and will come into effect on 26 January 2022.
Publications
April 2017
Sentencing of young people conference report
April 2019
Current sentencing practice and knowledge on youth offending (Research carried out by Rocket Science UK Ltd)
December 2019
Paper exploring public perceptions of youth offending and sentencing published
February 2020
The development of cognitive and emotional maturity in adolescents and its relevance in judicial contexts (Research carried out by University of Edinburgh)
August 2021
Attitudes of young people to the draft guideline on sentencing young people (Research carried out by the University of the West of Scotland)
Consultation documents
Draft sentencing young people guideline
Response to the public consultation
Analysis of responses to consultation
Council's report on the consultation