SCOTTISH judges
passing sentences will have to abide by a new guideline for the first time today.
The guideline, developed by the Scottish Sentencing Council, was approved by three senior judges at the end of last month and comes into force today. If a judge does not follow it, he or she will have to state their reasons for not doing so.
Lady Dorrian, chair of the council and Scotland’s second most senior judge (pictured), has described the move as “historic”, and said it marked the start of a new approach that will help to support consistency in sentencing and decision-making.
The guideline states that the core principle of sentencing is “fairness and proportionality”. It requires judges to consider all relevant factors in a case, including the seriousness of the offence, impact on the victim and others and the offender’s circumstances. Sentences should be “no more severe than is necessary to achieve the appropriate purposes of sentencing” and
the reasons for sentencing decisions must be stated “as clearly and openly as circumstances permit”.
Dorrian, the Lord Justice Clerk, said: “We believe that this guideline, which sets out the fundamental principles and purposes of sentencing in Scotland for the first time, will have significant benefits to both the courts and the public.
“In particular, we expect that transparency in sentencing will increase, with more clarity around how particular decisions are reached and the various factors which are taken into account.
“This guideline will also form a strong foundation for our future work in developing further sentencing guidelines, including those which will apply to
particular offences.”
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