News In Focus
13 May 2009
Top judges criticise sentencing plans
Lord Justice General Lord Hamilton and the Lord Justice Clerk, Lord Gill have criticised the Scottish Government’s plans for a new body to draw up guidelines on sentencing.
The Government has brought forward its proposals as part of the wide-ranging Criminal Justice and Licensing Bill.
The two judges told Holyrood's Justice Committee the plans were unconstitutional and would undermine judicial independence.
“The proposals (as framed) are fundamentally unacceptable both on domestic constitutional grounds and because mandatory directions to the court by a non-judicial body undermine the judicial independence required of courts by article 6 of the European Convention on Fuand Freedoms,” they said, in a collective written submission to the committee.
Under the Scottish Government's plans, the Sentencing Council would provide guidelines to which judges would have to adhere.
It would be chaired by the Lord Justice Clerk, but only a minority of its members would be judges.
To read the full submission by the Judges of the High Court of Justiciary to the Justice Committee, click here