Sentencing Council starts mapping out work programme

The widest consultation should take place on proposed sentencing guidelines, the Scottish Sentencing Council agreed at its inaugural meeting yesterday.

Chaired by the Lord Justice Clerk, the new body has the statutory functions of preparing guidelines to achieve greater consistency in sentencing, as well as publishing information to improve understanding of sentencing policy and practice. An independent body, it comprises 12 members including judges, practising lawyers and lay people.

While the Council is bound to consult others in the justice system, such as Scottish ministers and the Lord Advocate, when preparing guidelines, but members agreed that this should be broadened to include the public. Guidelines must also be approved by the High Court befpre coming into effect.

The Council’s next step is to decide how to prioritise the preparation of these guidelines. It must determine whether to consider sentences by offence, or by types of offender, or a combination of both. In addition to using its own initiative, it will also take direction from the High Court and Sheriff Appeal Court and consider requests from Scottish ministers.

Other significant matters covered at yesterday's meeting were the Council's standing orders, including rules of conduct; freedom of Information and records management practice and procedure; complaints handling procedure; publication of High Court guideline sentences; research visits to other UK jurisdictions; and stronger links with the Judicial Institute for Scotland, which is responsible for judicial training.

Solicitor member John Scott commented: “The Council wants to go a step beyond its requirement to raise awareness of sentencing practice by encouraging people to engage actively in a consultation process, with the opportunity to have their say in the discussion.

“Sentencing guidelines will inevitably have an impact on the victims, offenders and families involved in criminal cases, as well as the justice system as a whole. From the outset the Council is determined to be a listening body, taking into account a wide scope of views and input.

“This means guidelines will not be rushed into place but prepared after considered consultation, which will include research into their likely effects, cost and benefits.”