PART 1SENTENCING

The Scottish Sentencing Council

I13Sentencing guidelines

1

The Council is from time to time to prepare, for the approval of the High Court of Justiciary, guidelines relating to the sentencing of offenders.

2

Such guidelines are to be known as “sentencing guidelines”.

3

Sentencing guidelines may in particular relate to—

a

the principles and purposes of sentencing,

b

sentencing levels,

c

the particular types of sentence that are appropriate for particular types of offence or offender,

d

the circumstances in which the guidelines may be departed from.

4

Sentencing guidelines may be general in nature or may relate to a particular category of offence or offender or a particular matter relating to sentencing.

5

The Council must, on preparing any sentencing guidelines, also prepare—

a

an assessment of the costs and benefits to which the implementation of the guidelines would be likely to give rise,

b

an assessment of the likely effect of the guidelines on the criminal justice system generally.

6

The Council—

a

must from time to time review any sentencing guidelines published by it, and

b

may prepare, for the approval of the High Court of Justiciary, revised guidelines.

7

In this section and sections 4 to 13, references to sentencing guidelines include references to revised sentencing guidelines.