Death by driving to be one of Sentencing Council's first guideline topics
Death by driving, and environment and wildlife offences will be the subjects of the first guidelines to be produced by the Scottish Sentencing Council, under its new Business Plan launched today.
The Council will also begin research into the sentencing of sexual offences.
First, however, it will produce an overarching guideline setting out fundamental "principles and purposes" for all offences, providing a comprehensive definition for the first time. This will not only assist judges but help people better understand what is taken into account when a sentence is decided, such as how seriousness is weighed up and what factors might increase or decrease a sentence.
As part of this fundamental guideline, the Council will consider separately how young people should be sentenced, and look at other types of offender.
Death by driving has been chosen as a serious matter that affects many people, and also as the circumstances are often complicated, which can lead to extremely difficult sentencing decisions.
Environmental and wildlife issues have special significance in Scotland relevant to tourism, rural industry and the local economy, and guidelines will be particularly helpful in setting down an approach to how corporations should be sentenced.
Sexual offences
The Council will also begin researching the sentencing of sexual offences, with a focus on those involving children. These account for a high proportion of sentences, particularly in the High Court. Again, such crime can involve complicated circumstances leading to very difficult sentencing decisions where a guideline could prove useful.
It is anticipated that for the next business plan, for 2018-21, the Council will consider addressing theft and property offences and domestic abuse. Before dealing with these matters, the Council will need to take account of the Scottish Government’s actions on sentences under 12 months and proposed new offence dealing with domestic abuse.
Another possible topic is sentence discounting where an offender pleads guilty.
However the Council welcomes all relevant views on what it should cover from interested organisations and individuals.
Council Chair, the Lord Justice Clerk, Lady Dorrian said: “The topics we have selected to begin preparing guidelines on are of importance to local communities and families across Scotland. We will take the time to properly research each area and consult widely, not only with our justice partners, but with relevant groups and the wider public.
“We welcome input from those interested and encourage you to have your say in helping to shape Scotland’s first sentencing guidelines. We will produce easy-read documents of our consultation process in a bid to engage as many people as possible. We are designing these guidelines to assist judges and at the same time to promote a better understanding of how the sentencing process works.”