High Court approves new sentencing process guideline

The High Court of Justiciary has approved the sentencing process guideline developed by the Scottish Sentencing Council, aimed at increasing public knowledge and understanding of the sentencing process in Scotland.

The guideline sets out an eight step guide which courts should follow in order to reach a sentencing decision, including some of the factors which may be taken into account. It was presented to the court following extensive research and consultation with the public and judiciary. 

In a hearing this morning, Lord Justice General Carloway, Lord Menzies and Lord Woolman approved the guideline and confirmed that it will come into effect for all courts in Scotland from Wednesday 22 September 2021.

The eight steps are:

• assess the seriousness of the offence (determined by the culpability of the offender and the harm caused);
• select the sentence range (the range of sentences within which the appropriate headline sentence for the offence appears to fall, having regard to the seriousness);
• identify aggravating and mitigating factors;
• determine the headline sentence (before any reduction for a guilty plea, or time spent in custody);
• take into account a plea of guilty, as required by law;
• consider time spent in custody;
• consider ancillary orders, such as a non-harassment order in a domestic abuse case;
• impose sentence and give reasons, always being satisfied that the overall sentence is fair and proportionate.

Sheriff Principal Craig Turnbull, chair of the Scottish Sentencing Council’s Sentencing Process Committee commented: "The approval of the sentencing process guideline is a significant milestone in the Council’s work to make sentencing more open and transparent in Scotland. For the first time people will be able to see the steps a court follows in order to arrive at an appropriate sentence and some of the factors which are taken into account.   

"The Council believes this guideline will promote a consistent approach to sentencing and will enhance understanding of how sentencing works in Scotland’s courts. The approval of the sentencing process guideline also paves the way for specific offence guidelines which the Council is currently developing.

"We would like to thank all those who have aided the Council in developing this guideline, in particular members of the judiciary and others who have been involved in research to inform the development of the guideline, as well as the invaluable contribution from the individuals and organisations who responded to our consultation." 

This is the second guideline to be approved by the High Court and is intended to be read alongside the Principles and purposes of sentencing guideline. A third general guideline, for sentencing young people, is currently being finalised and is scheduled to be submitted to the High Court later this year.

Further guidelines are being developed in respect of death by driving offences and sexual offences involving rape, sexual assault and indecent images of children.