Will they be fit for purpose?

The Scottish Sentencing Council is seeking views on draft sentencing guidelines for rape offences.

A public consultation on the proposed guidelines launches today and people from all backgrounds, legal or otherwise, are being urged to offer their views to help ensure that the guidelines are fit for purpose.

The consultation will run for 12 weeks and is available on the Council website.

Chair of the Council, the Lord Justice Clerk, Lady Dorrian, said: “All of our guidelines are evidence-based and informed by research and consultation. We have engaged with a wide range of organisations and people, including the judiciary, the legal profession, and interest groups. We have now reached perhaps the most significant stage yet in the development of these guidelines – our public consultation. We want our guidelines to be useful to the courts, court users, and to the public in general.

“It is essential that we get the widest possible range of views to help ensure that these guidelines are fit for purpose. I encourage people to take the time to consider and respond to this consultation. We appreciate the effort that goes into providing a response, and each one received will be carefully considered before any decisions are made in finalising the guidelines.”

Sexual offences, including rape, are an area of public concern and account for a rising proportion of sentencing in Scottish courts.

Each offence of rape is different and the circumstances can vary widely. The Council intends that the guidelines will assist judges in making challenging sentencing decisions, but also help those involved in the cases, and the public, to better understand those decisions.

Sandy Brindley, Chief Executive of Rape Crisis Scotland, said: “These will be the first ever sentencing guidelines on rape in Scotland. We know how important it is that sentencing in these cases feels fair and transparent. We welcome this consultation and want to encourage people to read the draft guidelines and submit their views on what is being proposed.”

Stuart Munro, Convener of the Law Society of Scotland Criminal Law Committee, said: “This is an important consultation and a welcome opportunity for both members of the legal profession and the public to have input to the development of the sentencing guidelines. 

“Sexual offences, including rape, are extremely serious crimes and of significant concern to the public. We are pleased to see that the Scottish Sentencing Council is encouraging people to share their views to help ensure that the sentencing guidelines are fit for purpose, in addition to broadening understanding about the decision-making involved in what can be very complex and challenging cases.

“I would encourage all those with an interest in our justice system to contribute to the consultation.”

The guidelines set out some of the factors that can be taken into account in sentencing around the culpability (the level of blame) of the offender, and the harm caused to the victim. For example, they make clear that offences involving the use of violence or threats, an abuse of a position of trust, time spent planning an attack, or severe physical or psychological harm, should all be treated more seriously.

The guidelines provide a matrix which sets out sentencing ranges of imprisonment relating to the seriousness of the offence. They also include discussion of sentences designed to protect the public into the future. These are extended sentences where supervision continues in the community following release from prison, and orders for lifelong restriction, a form of life sentence, which involve risk management for the rest of the offender’s life.  

The deadline for responding to the consultation is Friday 18 October 2024 - access all materials and information on the website.