Sentencing young people
As well as there being specific statutory arrangements in place, sentencing of younger people often requires a more individualistic approach, taking into account the particular personal characteristics of the young person concerned. For example, depending on the age and maturity of the young person, their culpability in relation to the offence might be lower than that of an adult.
In addition, we recognise that many young people who have committed offences have experience of trauma, including higher than average experience of traumatic bereavement, and we will consider how that should be taken into account in sentencing.
The sentencing young people guideline was approved by the High Court of Justiciary on 09 November 2021 and came into effect on 26 January 2022.
Current stage
This guideline is currently at Stage 8.
Guideline and impact assessment
Sentencing Young People Guideline
Download Sentencing Young People Guideline PDF
Sentencing Young People Impact Assessment
Download Sentencing Young People Impact Assessment PDF
Consultation documents
Sentencing young people - report on public consultation exercise
Download Sentencing young people - report on public consultation exercise PDF
Sentencing Young People - public consultation analysis
Download Sentencing Young People - public consultation analysis PDF
Sentencing Young People Consultation paper
Download Sentencing Young People Consultation paper PDF
Draft sentencing young people guideline
Download Draft sentencing young people guideline PDF
Draft impact assessment
Download Draft impact assessment PDF
Research publications
Sentencing Young People Report
Download Sentencing Young People Report PDF
Youth offending and sentencing literature review
Download Youth offending and sentencing literature review PDF
Report of focus groups on youth offending and sentencing
Download Report of focus groups on youth offending and sentencing PDF
The development of cognitive and emotional maturity in adolescents and its relevance in judicial contexts
Download The development of cognitive and emotional maturity in adolescents and its relevance in judicial contexts PDF
Attitudes of young people to sentencing of young people
Download Attitudes of young people to sentencing of young people PDF
Public perceptions of sentencing national survey report
Download Public perceptions of sentencing national survey report PDF
VIDEO: The Lord Justice Clerk discussing the sentencing young people guideline
An interview with Lady Dorrian discussing key aspects of the guideline can be viewed above. This was recorded when the Council announced its final decisions about the guideline in September 2021