Sentencing Guidelines and a Scottish Sentencing Council: Consultation and Proposals

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SUMMARY OF QUESTIONS

Question 1

Do you think that this proposed remit is appropriate? If not, what alternative would you suggest?

Question 2

Do you think that these proposed functions are appropriate? If not, what alternatives would you suggest?

Question 3

Do you think our proposals in relation to the production of sentencing guidelines are adequate?

Question 4

Do you think that we are proposing the correct level of consultation on draft sentencing guidelines?

Question 5

Do you consider that our proposals for the relationship between the Sentencing Council and the Courts is appropriate?

Question 6

Do you agree that the Scottish Sentencing Council should have the power to carry out, commission and co-ordinate research?

Question 7

a) Do you agree that the Scottish Sentencing Council's statutory functions should include providing information to the public about the sentencing process?

b) If yes, how do you think that process could be made clearer and more understandable to ordinary members of the public?

Question 8

What measures might be taken by the Scottish Sentencing Council to make the sentencing process more transparent?

Question 9

Do you agree that the chair of the Scottish Sentencing Council should be a senior member of the judiciary? If not, who do you think would be a more suitable chairperson?

Question 10

Do you consider the proposed membership of the Council to be appropriate? If not, what alternative membership do you think would be more suitable?

Question 11

Do you agree that there should be a Scottish Government observer at meetings of the Council? If not, it would be helpful if you could provide your reason(s).

Question 12

Do you agree with the proposed appointments process? If not, how do you think the process could be modified to make it more effective?

Question 13

Do you agree with our proposals for how the Scottish Sentencing Council should be resourced and supported? If not, what alternative arrangements to you think would be more appropriate and/or effective?

Question 14

Do you agree with our proposals for a statutory statement on the purpose of sentencing? If not, how do you think these proposals could be modified to make them more effective?

Question 15

Do you agree with our proposals for a set of statutory principles in relation to sentencing? If not, how do you think these proposals could be modified to make them more effective?

Question 16

Do you agree with our proposals to state explicitly in statute that voluntary drunkenness or intoxication can never be considered a mitigating factor by the courts? If not, it would be helpful if you could provide your reason(s).

Page updated: Friday, August 29, 2008