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Views sought on Scottish Sentencing Council |
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Monday, 01 September 2008 |
The Scottish Government has today published proposals for a new system of sentencing guidelines and a judicially-led Scottish Sentencing Council to oversee that system.
The Government says the proposals, which will now be the subject of consultation, will create a broad, understandable framework within which sentencers will be expected to operate, but without removing their discretion to pass sentence in individual cases as they see fit, based on the facts and circumstances of the case before them.
The document also includes proposals aimed at giving the public the opportunity to contribute to the development of draft sentencing guidelines before they are finalised.
The legislation to create the Scottish Sentencing Council will be introduced as part of the forthcoming Criminal Justice Bill.
Justice Secretary Kenny MacAskill said: “The Scottish Government is clear that the complete independence of the judiciary in making sentencing decisions is at the heart of our criminal justice system.
“However, we do believe that we have a responsibility to make sure that Scotland has the right framework in place to promote fairness and clarity in sentencing.
“We believe that there is a strong case for a system of sentencing guidelines to help deliver more consistent and transparent sentencing and a judicially-led Sentencing Council to develop that system. We committed to this in our manifesto and we are determined to deliver it.
“Greater clarity and openness will help to improve public confidence in our criminal justice system so that victims interests are properly taken into account.
“This consultation provides an opportunity for all interested parties to help shape a sentencing framework which is appropriate for 21st Century Scotland. We want to ensure that the Scottish justice system continues to be respected throughout the rest of the world.”
David McKenna, the chief executive of Victim Support Scotland, welcomed the development. He said: “Fairness and clarity in sentencing is very important. A sentencing framework which ensures that victims' interests are properly taken into account and greater clarity and openness will undoubtedly give the public added confidence in the criminal justice system in Scotland.”
The planned Scottish Sentencing Council will have the ability to produce guidelines on a number of sentencing related issues, including the appropriate range of sentences for a specific offence. Judges would be obliged to adhere to these guidelines. They could however deviate from a guideline should they feel the circumstances of the case merited it, and would have to state and record their reasons for doing so.
The consultation paper can be found here. The consultation will run until 21 November 2008 and views are welcome from any interested organisations and individuals.
The Scottish Government, in the SNP’s 2007 election manifesto, indicated strong support for the creation of a system of sentencing guidelines and a Sentencing Council to develop that system. In addition, the Scottish Prisons Commission, chaired by former First Minister Henry McLeish, recommended in its recent report that the Government create a body to develop clear sentencing guidelines that can be applied nationwide.
Holyrood is holding a conference entitled ‘Beyond McLeish: New ideas, lasting solutions’, next week. For more information, click here.
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