The sentencing process
The sentencing process guideline sets out an eight-step process for the sentencing of offenders, explaining how courts arrive at sentencing decisions and what may be taken into account, such as the seriousness of the offence and any aggravating or mitigating factors. The Council believes this will help to improve current knowledge and understanding around sentencing.
The sentencing process
Arriving at the headline sentence (Steps 1 - 4):
- Step 1: Assess the seriousness of the offence
- Step 2: Select the sentencing range
- Step 3: Identify aggravating & mitigating factors
- Step 4: Determine the headline sentence
Other considerations (Steps 5 - 7):
- Step 5: Take into account a plea of guilty
- Step 6: Consider time spent in custody
- Step 7: Consider ancillary orders
Imposing sentence (Step 8):
- Step 8: Impose sentence and give reasons
Current stage
This guideline is currently at Stage 8.
Guideline
The sentencing process guideline was approved by the high court on 15 July 2021 and came in to effect on 22 September 2021
Consultation documents
Sentencing Process Consultation Document
Download Sentencing Process Consultation Document PDF
Sentencing Process Draft Guideline
Download Sentencing Process Draft Guideline PDF
Sentencing Process Draft Impact Assessment
Download Sentencing Process Draft Impact Assessment PDF
Response to the public consultation
VIDEO: Petition for approval of The Sentencing Process guideline (15 July 2021)
The guideline was approved following a hearing at the High Court of Justiciary on 15 July 2021. It had been the Council’s original intention that its guideline on the principles and purposes of sentencing, being of general application, would also include a description of the sentencing process. However, during the development stages we decided it would be more appropriate to prepare these as separate but complementary guidelines.