One of Scotland's most senior judges is to lead an expert panel to tackle the problem of inconsistent sentencing of offenders by the courts.
Lord Carloway, who today starts work as chairman of the newly created Scottish Sentencing Council, said he hopes it will bolster public confidence in the courts with some convicted individuals receiving different punishments for the same crimes.
The 12 members, who are all unpaid, include judges, sheriffs and magistrates as well as prosecutors, solicitors and a senior police officer. The Lord Justice Clerk said they will play a valuable role in improving the justice system.
Lord Carloway said: “Sentencing is much more complex than it sometimes appears – there can be many different factors involved. The council will work to raise awareness and understanding of sentencing practice, helping to build confidence in our justice system.”
While sentences for some offences are currently laid down by parliament, courts largely issue sentences on a case-by-case basis.
The new body was created under the 2010 Criminal Justice and Licensing Act to address public perceptions that sentences are inconsistent, which ministers feared was undermining confidence in the criminal justice system.
The independent council will look why sentences differing account of aggravating factors such as race or hate crime, or repeat offending.
The council will also work to raise public awareness and understanding of how sentencing takes place.
Lord Carloway will work with Police Scotland Assistant Chief Constable Val Thomson, Sheriff Principal Ian Abercrombie QC and solicitor and human rights expert John Scott QC. Lay members are Professor Neil Hutton of Strathclyde University’s law department and solicitor and former director of Victim Support Scotland Sue Moody.
Justice Secretary Michael Matheson said the independence of the judiciary was fundamental, but added; “We want to provide greater clarity and openness around why and how sentences are decided.”The council will help to ensure transparency and consistency in all sentencing decisions made in Scotland.”
Sue Moody said the council was an important opportunity for victims of crime: “It will help to demystify sentencing for the public and will ensure that the interests and needs of victims are taken into account when sentencing guidelines are prepared,” she said.
Having prepared guidelines on sentencing offenders, the Council will seek to have them approved by the High Court, after which all Scottish courts must take them into account, or explain why they are being overlooked.
The council can also commission research into sentencing practice and publish information about sentences. Courts can also request that guidelines are published or revised on any matter.
Dr Cyrus Tata, Professor of Law and Criminal Justice at Strathclyde University, said: “The advent of the Sentencing Council could be one of the most significant developments in criminal justice for a generation.
“While most of the debate will focus on the drafting sentencing Guidelines, the Council is also charged with the crucial task of improving public understanding of sentencing. If it approaches this role imaginatively, the Council will represent a major step towards achieving more rational justice policy.”
Members will receive expenses for their work.
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