A new sentencing council for Scotland (SSC) has came into force which is an independent body created by the powers contained in the Criminal Justice and Licensing (Scotland) Act 2010.
The idea of the SSC stemmed from the need for a consistent and coherent approach to sentencing practice and policy as well as to demonstrate a level of transparency to the public in sentencing procedure.
As a result, the SSC will cover sentencing of all crimes and so will include environmental offences. However, the fundamental ability of judges to decide what sentence is passed down in a courtroom is unaffected.
The council is made up of 12 members who reflect a balance of expertise and interests across the criminal justice system, their functions include:
The council will be chaired by the Lord Justice Clerk, Lord Carloway, who said:
"I expect the council to take Scotland into a new era, in which we pursue a more principled approach to sentencing with improved consistency. This will be at the heart of our programme."
It was also said by Justice Secretary Michael Matheson that: "The creation of the Scottish Sentencing Council is extremely important for the criminal justice system in Scotland and I welcome today's official launch...while the independence of Scotland's judiciary of course remains a fundamental part of the Scottish legal system, as does judicial discretion in individual sentencing decisions, the council will help to ensure transparency and consistency in all sentencing decisions made in Scotland, as well as helping the public better understand the sentencing process."
