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  4. 2021-22 a milestone year: Sentencing Council report

2021-22 a milestone year: Sentencing Council report

13th October 2022 | criminal law | Criminal court work

The launch of two new sentencing guidelines in 2021-22 was a “significant milestone” for both the Scottish Sentencing Council and sentencing in Scotland, according to the Council’s chair, Lord Justice Clerk Lady Dorrian.

Writing in the Council’s 2021-22 annual report, which was laid before the Scottish Parliament yesterday, Lady Dorrian noted the two guidelines developed by the Council on the process of sentencing, which came into effect in September 2021, and sentencing young people, which followed in January 2022.

“This was a significant milestone for both the Council and sentencing in Scotland,” said Lady Dorrian.

“Both guidelines will help to demystify sentencing for the public, provide assistance to the judiciary, and encourage greater consistency in how sentencing is approached.”

The annual report notes that these two guidelines, along with the first general guideline on the principles and purposes of sentencing (2018), completes the creation of a high-level framework for all sentencing decisions in Scotland, which has been the Council’s primary focus since it was established in 2015. Its focus now shifts to the development of guidelines on specific offences, of which the first, covering road traffic offences causing death, has been published in draft for public comments.

Work is also ongoing in the development of other guidelines on the offences of rape and sexual assault, and offences in relation to indecent images of children. 

Other work in the Council's business plan covers a guideline on domestic abuse offences, a further general guideline on sentence discounting, and resumption of work on an environmental and wildlife offences guideline.  

In addition the Council assists in the development of sentencing policy and promotes greater awareness and understanding of sentencing, publishing research studies and literature reviews.

Read the annual report here.

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