Faculty in favour of sentencing principles guideline

Proposed guidance setting out the principles and purposes behind sentencing in Scottish courts has been welcomed by the Faculty of Advocates as a way of demystifying the process for the public.

Responding to a consultation on the document, prepared by the Scottish Sentencing Council, Faculty supports the Council’s approach of placing “fairness and proportionality” as the overarching principle of sentencing, with other supporting principles.

However, in addition to proposing greater clarity of expression, it suggests an addition to the supporting principles, in that “While lawfulness and lack of discrimination imply consideration of human rights, it may be that it would be appropriate to specifically state that consideration should be had of the human rights of the offender and, in certain circumstances, the family and other dependants of the offender.”

Similarly, where the guidance says "impact on the victim", it should perhaps make reference to the victim’s family or dependants, "especially when one considers cases in which the victim is deceased".

Faculty also believes it appropriate to condiser the efficient use of public resources during sentencing: "If it is intended as reflection of the utilitarian value of an early plea then, as a statutory obligation, that is a factor which is extremely relevant to sentencing."

On the effect of the guidance on the public Faculty states: "The introduction of this guideline would give a definite, brief, easily understood document which would explain the often broad and undefined principles and purposes which underpin the sentencing process as exercised in the criminal courts day and daily.”

It adds: “It is anticipated that the guidelines would lead to a greater public understanding of sentencing practice. As long as the guidelines themselves were acceptable to the public, and were followed and applied by the courts, then it could only be hoped that public confidence in sentencing would be increased.”

Click here to view the full response.