Introduction to sentencing in Scotland

Legal words used on this page are explained in our jargon buster.

This page provides information about sentencing. You can also watch our introductory videos here.

When a person is convicted of a crime in court, they will be sentenced by a judge for that crime. People can be convicted in two ways. They can admit the crime and plead guilty or they can be found to have committed the crime following a trial (where they are found guilty).

A sentence is what the judge decides should happen to a person who has been convicted of a crime in court.

You can read more about what sentences are available on our sentences and appeals page.

Judges are independent. They make their decisions based on what the law says and the unique circumstances and factors of each case. No two cases will ever be exactly the same.

Judges can only impose a sentence for the crime or crimes of which the person has been convicted. They cannot take into account any charges which were removed or which resulted in an acquittal (a verdict of not guilty).

The High Court of Justiciary has approved three foundational sentencing guidelines developed by the Scottish Sentencing Council. These apply to all offences in Scotland. They aim to assist the courts, and to increase public knowledge and understanding of the sentencing process. Courts must have regard to any applicable guidelines when sentencing an offender.

The Principles and purposes of sentencing guideline sets out some of the possible purposes of a sentence, and provides that all sentences should be fair and proportionate.

The Sentencing process guideline sets out an 8 step process which courts follow in order to reach a sentencing decision, and it includes some of the factors which may be taken into account. This is not a rigid process and, in court, judges may appear to consider relevant factors and steps at the same time.

The Sentencing young people guideline sets out the approach courts should take to sentencing those aged 24 or under at the date of their conviction, with rehabilitation as a primary consideration.

The law

A judge must first see whether the law sets out minimum or maximum sentences for the offence.

More information on what the law says

A judge will then decide which features and factors are relevant and should be taken into account in the case, and consider how much weight to give to each one.

Seriousness of the crime:

• culpability, or level of blame, of the offender
• harm caused to the victim or society
• or harm that might have been caused 
• age, or maturity, of the offender.

Other factors include:

• whether the person has admitted guilt
• other convictions for crimes the person has committed in the past
• the offender’s circumstances (including health issues).

Factors that are likely to make a sentence more severe are called ‘aggravating’ and factors that are likely to make a sentence less severe are called ‘mitigating’.

More information on factors

A disposal is the sentence or outcome of a criminal case. These range from an absolute discharge, where no punishment is given, to imprisonment for life.

More information on disposals

Sentencing in Scotland - Information pack 

Sentencing of Crimes in Scotland - Information pack (easy read guide)

Victim Support Scotland virtual court tours

Community Justice Scotland digital map of the Scottish justice system.

• Victims of crime
• Offenders and their families
• Easy format 

These short animated videos explain the key themes of the sentencing young people guideline: maturity, rehabilitation and the individualised approach.

See the videos