PART 1SENTENCING

The Scottish Sentencing Council

I18High Court's power to require preparation or review of sentencing guidelines

1

Where the High Court of Justiciary pronounces an opinion under section 118(7) or 189(7) of the 1995 Act, the Court may require the Council to—

a

prepare, for the Court's approval, sentencing guidelines on any matter, or

b

review any sentencing guidelines published by the Council on any matter.

2

On making a requirement under subsection (1), the High Court must state its reasons for doing so.

3

The Council must comply with a requirement made under subsection (1) and, in doing so, must have regard to the High Court's reasons for making the requirement.