Sentencing Council opening marks new era: Carloway

Scotland’s Sentencing Council marks the start of a new era for sentencing, the Lord Justice Clerk said last night at an event to mark the official launch of the new body.

An independent body, the Sentencing Council will be responsible for preparing guidelines to help ensure a consistent approach to sentencing throughout Scotland and will also work to raise public awareness and understanding of sentencing practice. Guidelines have to be approved by the High Court.

It is chaired by Lord Carloway, the Lord Justice Clerk, with a total of 12 members representing the judiciary, legal profession, non-lawyer expertise and victims' interests.  

The launch event, in the main hall of Parliament House, Edinburgh, was addressed by the Cabinet Secretary for Justice, Michael Matheson, and Lord Advocate Frank Mulholland QC as wel as the Lord Justice Clerk.

“The Council marks the start of a new era for sentencing in Scotland where expertise from across the criminal justice system and beyond is brought together to shape sentencing principles, and where there is a deeper understanding of the sentencing process and all the necessary complexity that it entails,” said Lord Carloway.

“The Council has a broad membership because it needs a broad perspective. This will help to ensure it has an holistic understanding of the system and of the impact of its work. It will be essential to encourage views from, and to actively listen to, all those with an interest and expertise in the sentencing process.

“The effects of sentences are not limited to their impact on the offender. Sentencing has potential implications for their families; for victims and their families; for communities, and for those involved generally in the administration of justice."

He added: “Other jurisdictions have worked with the media to good effect assisting with and participating in informative press or broadcast features. I will be happy to explore similar, or new, approaches with my fellow Council members."

Mr Matheson commented: “Sentencing can, on occasion, be a difficult and complex process for even experienced sentencers to navigate.

“The Council is key in demystifying the practice of sentencing and helping contribute towards ensuring that everyone feels that they live in a safer and stronger Scotland.”

The Lord Advocate affirmed that the Crown was happy to support the new body as "a very welcome development in our Scottish legal system". He said prosecutors were often asked what the likely sentence would be for an offender and had to rely on their experience for an answer.

"Being able to put sentencing in the context of guidelines and principles of sentencing, will, I am sure, assist in improving overall, the understanding of why a particular sentence has been chosen”, he continued. "So it can only improve public levels of confidence in our system."