This item was published during the term of a previous administration that ended in April 2007
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Scope to improve consistency in sentencing
19/09/2006
The Sentencing Commission for Scotland has today published its report on the scope to improve consistency in sentencing. This is the Commission's fourth and final report.
The Commission is an independent, judicially led body which was set up by the Executive under its policy statement A Partnership for a Better Scotland.
The scope to improve consistency in sentencing is a topic on which the Commission was invited by the Executive to report, and follows publication of the Commission's earlier reports on
- The use of bail and remand
- Early release from prison and the supervision of prisoners on their release
- The basis on which fines are determined
In launching this latest report, the Commission's Chairman, the Rt. Hon. Lord Macfadyen said:
"It is generally accepted that there should be consistency in sentencing at every level of our courts. That is an aspect of fairness and justice. These principles demand that similar crimes committed in similar circumstances by offenders whose circumstances are similar should attract similar sentences.
"Consistency in sentencing is thus 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 have considered what steps might be taken to promote and improve consistency and we have made a number of recommendations, the central one being the introduction of a procedure for giving effect to sentencing guidelines.
"We have recommended the creation of a statutory body - the Advisory Panel on Sentencing in Scotland (APSS) - which would be responsible for the preparation of draft sentencing guidelines for consideration by the Appeal Court of the High Court of Justiciary.
"The adoption of such draft guidelines, with or without modification, would be a matter for the Appeal Court. We have recommended that the APSS should contain other than the judiciary among its membership but we consider that it is important that final decisions should be for the Appeal Court in order to ensure that sentencing remains essentially a judicial function.
"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.
"This completes the Commission's remit. It has been a very challenging series of issues that we have tackled. I know that I can speak on behalf of all my colleagues on the Commission when I say that we have found the experience an interesting and rewarding one."