Sentencing Commission wants move toward guidelines
19 Sep 06
Commission recommends guidelines but these would not be compulsory
The introduction of sentencing guidelines should be a gradual process, and guidelines should be advisory rather than compulsory. So concludes the Sentencing Commission for Scotland, which today published its fourth and final report.
The report on the scope to improve consistency in sentencing follows previous Scottish Executive-commissioned reports on the use of bail and remand, early release from prison and how fines are determined.
The Commission has recommended the introduction of sentencing guidelines prepared by an advisory panel, the adoption of which would be decided by the appeal court.
The Commission's chairman, the High Court judge Lord Macfadyen, said: "Similar crimes committed in similar circumstances by offenders whose circumstances are similar should attract similar sentences.
"Consistency in sentencing is important not only to the offender, but also to those directly affected by the crime and to the public, since a perception of inconsistency in sentencing is likely to lead to loss of public confidence in the criminal justice system.
"We envisage that the introduction of sentencing guidelines would be a gradual process. Under our proposals, particular guidelines, once promulgated by the appeal court, would guide sentencers, but would not dictate sentences in individual cases.
"We have, however, recommended that where a sentencer imposes a sentence which is outwith the guidelines he or she should be required to provide an explanation for this."
The commission's report, The Scope to Improve Consistency in Sentencing, is available to view at: http://www.scottishsentencingcommission.gov.uk/