PART 1

SENTENCING

The Scottish Sentencing Council

Sentencing guidelines
3
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.