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Scottish Sentencing Council Logo
  1. Home
  2. Sentencing guidelines
  3. Guidelines in development
  4. The sentencing process

The sentencing process

The sentencing process guideline sets out an eight-step process for the sentencing of offenders, 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 Council believes this will help to improve current knowledge and understanding around sentencing. 

The sentencing process

Arriving at the headline sentence (Steps 1 - 4):

  • Step 1: Assess the seriousness of the offence
  • Step 2: Select the sentencing range
  • Step 3: Identify aggravating & mitigating factors
  • Step 4: Determine the headline sentence

Other considerations (Steps 5 - 7):

  • Step 5: Take into account a plea of guilty
  • Step 6: Consider time spent in custody
  • Step 7: Consider ancillary orders

Imposing sentence (Step 8):

  • Step 8: Impose sentence and give reasons

Current stage

This guideline is currently at Stage 8.

Guideline

The sentencing process guideline was approved by the high court on 15 July 2021 and came in to effect on 22 September 2021

Impact assessment

Consultation documents

Sentencing Process Consultation Document
Sentencing Process Consultation Document
Download Sentencing Process Consultation Document PDF
Sentencing Process Draft Guideline
Sentencing Process Draft Guideline
Download Sentencing Process Draft Guideline PDF
Sentencing Process Draft Impact Assessment
Sentencing Process Draft Impact Assessment
Download Sentencing Process Draft Impact Assessment PDF

Response to the public consultation

Independent analysis of the public consultation

Scottish Sentencing Council report on public consultation exercise

Responses to the public consultation

VIDEO: Petition for approval of The Sentencing Process guideline (15 July 2021)

The guideline was approved following a hearing at the High Court of Justiciary on 15 July 2021. It had been the Council’s original intention that its guideline on the principles and purposes of sentencing, being of general application, would also include a description of the sentencing process. However, during the development stages we decided it would be more appropriate to prepare these as separate but complementary guidelines.

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Scottish Sentencing Council, Parliament House, Edinburgh, EH1 1RQ

Tel: 0300 790 0006 Email: sentencingcouncil@scotcourts.gov.uk
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