Stage 8 - Monitoring and review

We must review each guideline from time to time. How we go about this will depend on the guideline. Judges are required to record their reasons if they do not follow a relevant guideline. So we may, for example, monitor how often this happens and why.

We might also carry out research into changes in how judges sentence after the guideline comes into force. Or we may ask judges to tell us about their experiences of applying the guideline. This will help us to decide whether we need to review or update the terms of the guideline, based on the information we have gathered during our research. It will also help us develop future guidelines in different areas.

The High Court and Sheriff Appeal Court can also require us to review any guideline, and the Scottish Ministers can request that we review a guideline.

We may also monitor a newly released guideline in the first few months to ensure that there have not been any unexpected or undesirable consequences.


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