How do courts arrive at a sentencing decision?
The High Court of Justiciary has approved the Sentencing Process guideline. This guideline, for the first time in Scotland, sets out steps which courts should follow in order to reach a sentencing decision, including some of the factors which may be taken into account. This guideline will promote a consistent approach to the process of sentencing in Scotland’s courts, and will enhance understanding of that process.
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 and mitigating factors |
Step 4: Determine the headline sentence |
Other considerations (step 5-7) |
Step 5: Take in to account a plea of guilty |
Step 6: Consider time spent in custody |
Step 7: Consider ancillary orders |
Imposing sentence |
Step 8: Impose sentence and give reasons |
More information on the sentencing process guideline is available here