Criminal Justice in Scotland, the role of the sentencing council, Lecture notes of Law

Download Criminal Justice in Scotland, the role of the sentencing council and more Lecture notes Law in PDF only on Docsity!

3/7/25, 1:56 PM about:blank Sentencing Council 1, The Criminal Justice and Licensing (Scotland) Act 2010 sections 1-13 established the Scottish Sentencing Council whose first Sentencing Guideline came into effect in November 2018. With reference to the 2010 Act, current sentencing law and practice in Scotland and other relevant authority, assess the need for and the advantages and disadvantages of sentencing guidelines and the likely effectiveness of the Scottish model as set out in the 2010 Act. https://www.sacto.org.uk/sites/default/files/media/lord_carlow ay_sacro_lecture_-_5_november 2013.pdf __ The approach to sentencing in Scotland is based on the view act judicial discretion is necessary and individual justice takes priority over an abstract idea about systemic fairness. ‘Individualism’ is a pillar in sentencing in Scotland, judicial discretion is seen to link directly to fair sentencing as it allows the law to be applied to real life situations. Having judicial direction is correlated to the principle of individualised justice directly relating to fair sentencing. Scottish judges have always enjoyed discretion in their decision making process when it comes to sentencing, which has only been restricted by appeals or a small number of mandatory sentences. This culture of individualism in Scotland has been challenged by the introduction of sentencing guidelines. The Sentencing Council was established under the 2010 Act upon recommendations in the final report of the Sentencing Commission 2006. The objectives of the council are to promote consistency in sentencing practise, asset development of policy in relation to sentencing, promote awareness and understanding of sending policy and practise, The Sentencing Council develop sentencing guidelines which are approved by 15