What sentence would you give?
Watch our video
Andrew has assaulted his neighbour. Watch the video about his case, and then decide what sentence you would give him, if you were the judge.
What sentence would you give Andrew?
Watch the video (LINK HERE) about Andrew's court case - and then take our polls on what sentence you would give him, if you were the Sheriff. See what factors might be taken into account in making the decision. Then see what sentences a practising sheriff would give Andrew. Our case is fictitious, but realistic.
The video starts with a sentencing statement from the Sheriff (played by an actor). This provides some background to the offence. The sentencing statement says:
“Andrew Wilson please stand. You were found guilty by a jury last month of a serious assault. This involved a planned attack where you struck your neighbour Chris Robertson on the head with a baseball bat causing severe injury after he complained about your loud music late at night. You also have a previous conviction for assault and an offence of this sort may result in a prison sentence. I therefore adjourned the case for preparation of pre-sentence reports. I have read these carefully and heard your lawyer’s submissions on your behalf this morning. This includes information on an anger management programme you have enrolled in.”
The Sheriff has said that “an offence of this sort may result in a prison sentence.” She has ordered a pre-sentence report for more information about Andrew to assist with her decision.
This is an order that is community based. It can be made-up of up to 12 requirements. These can include
- up to 300 hours unpaid work for the community
- supervision - working with a social worker to change offending behaviour
- paying compensation (money) for the victim of the crime
- attending programmes – such as those dealing with domestic abuse or sexual offences
- receiving treatments – such as for issues relating to mental health, drugs or alcohol
It can sometimes be given as an alternative to a custodial sentence.
See our CPO webpage for further details.
Offenders who have been convicted of causing a victim alarm or distress can be ordered not to behave in certain ways. This can include, for example, staying away from the person, or not sending unwanted texts. An NHO may last for a set period of time, or for an indeterminate period of time (no end date set). They can be made in addition to, or instead of, any other sentence or disposal. In considering an NHO, the court may have regard to the views of the victim, but the final decision remains entirely one for the court.
In certain cases where the offence is one of domestic abuse, the court must make an NHO. In other cases, the court may make an NHO following an application to the court from the prosecutor. In these offences, the court needs to be satisfied, on a balance of probabilities, that it is appropriate to make an order to protect the victim from the harassment.
Factors to consider
Let’s consider the factors in this case and then see what difference more information from the pre-sentence report might make to the sentence you give in the next poll. Let's start with the facts and circumstances in the sentencing statement provided in the video.
A guideline on the sentencing process assists judges in deciding a sentence by setting out guidance on the process, or steps, to follow. However, this is not a rigid process, and in court judges may appear to consider relevant factors at the same time. In deciding the sentence, you first need to determine the seriousness of the offence by considering the culpability, or level of blame, of the offender and the harm caused to the victim.
You can consider that:
- the assault was planned
- the assault was serious
- the assault caused a severe injury.
The victim told us that:
- the injuries were bad but are now better
- he had to take time off work when he couldn't earn a wage
- he still gets anxious about leaving the house.
Fair and proportionate
You must ensure that the sentence is fair and proportionate, and that the sentence is no more severe than is necessary to achieve the appropriate purposes of sentencing in each case. You must consider what purposes the sentence should serve. In this case, it is likely that the sentence should serve a number of purposes, for example this might include, among others, punishment; protection of the public; and rehabilitation to help ensure that Andrew does not commit another offence causing further harm to the victim, or to another victim, in the future.
After determining the seriousness of the offence, you should consider the sentencing range (which can be imprisonment or community-based) that you would select. You must then consider the factors that can make the offence more, or less, serious.
Factors that might make this case more serious include:
- Andrew has a previous conviction for assault
Factors that might make this case less serious include:
- Andrew enrolled in an anger management programme
You must consider all these factors when deciding the purposes of the sentence. For example if you decided that the sentence should protect the public and rehabilitate the offender so that he does not cause more harm in the future, you must decide how those purposes are best served. A prison sentence would take Andrew out of the community for a period of time and may provide a prison programme.
A community sentence might mean Andrew can continue his anger management programme and work with a social worker to address his offending behaviour. You may wish to consider punishment. A prison sentence would mean Andrew loses his liberty for a period of time, while a community payback order might include (in addition to work with a social worker) up to 300 hours of unpaid work for the community, as well as a compensation payment to Chris.
If Andrew were jailed, he could lose his flat and his job, and no longer be able to provide support to anyone in his household. If he were ordered to do up to 300 hours of unpaid work, this would be on top of any paid work and could take months or years to complete.
Has your sentence changed?
After going through this exercise, has your sentence changed?
Pre-sentence report
In this case the Sheriff ordered a pre-sentence report to assist the court. A social worker has interviewed Andrew and provided further information about him. Let's look at what difference this additional information makes to a sentence. We will look at two different possible reports for this case.
Scenario 1
In this scenario, the report states that Andrew has a previous conviction for assaulting a different neighbour during a disagreement two years ago when aged 27. Now aged 29, he has not committed another offence since. Andrew acknowledges that he has an issue with his anger and is currently attending an anger management programme. However, he continues to blame his victim for making an official complaint against him, and has shown no remorse for the injuries he caused. He has a part-time job in construction, and shares his flat with his brother. He has no health issues. He is assessed as being of high risk of re-offending.
Scenario 2
In this scenario, the report states that Andrew has a previous conviction for assaulting a former friend during a disagreement 12 years ago when aged 17. Now aged 29, he has not committed another offence since. He is currently attending an anger management programme. He now accepts his guilt and has expressed remorse for the injuries he caused. He has a part-time job in construction. He shares his flat with his brother who is disabled, and Andrew is his sole carer. Andrew has a history of childhood trauma and now suffers poor mental health. The author of the social work report understands that Andrew is working hard to overcome his anger problem, and he is assessed as being of low risk of re-offending. Separate to the report, the course leader of the anger management programme has provided a supportive letter saying that Andrew is committed to addressing, and controlling, his anger, and is making real progress.
What the Sheriff says
We asked a practising Sheriff what sentence they would give Andrew in each version of this case.
Scenario 1
The Sheriff said they would sentence Andrew to
Scenario 2
The Sheriff said they would sentence Andrew to