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Listen
Sentencing and after
Sentences
The sentence for rape, indecent assault, incest and unlawful sexual intercourse (with under 13s) is up to life imprisonment. In practice, the length and type of sentence imposed is up to the judge. The judge will take into account how severe they think the crime was and the accused's previous record. The counsel for the accused will tell the judge about any factors which they think might reduce the sentence. This is called a 'plea in mitigation'.
If the accused pleads guilty, the judge is required by law to consider passing a shorter sentence than otherwise would have been the case. This is called a sentence discount. The judge decides how much, if any, of the sentence will be discounted. It might depend on when the guilty plea was made. The discount should not normally be more than a third of the maximum sentence available. The judge will state in court how much of a sentence has been discounted.
If you do not understand the sentence passed, VIA or the fiscal will try to explain more about this.
Telling the court how the crime has affected you
Victim statements are written statements that give victims the chance, once an offender has been found guilty, to tell the court in their own words how the crime has affected them.
Although victim statements cannot be made in Scottish courts at present, the Scottish Government plans to introduce them for serious crimes tried before a judge and jury, most likely sometime in 2009. When victim statements have been introduced, victims who can make a statement will be contacted direct. It is up to the victim to decide whether or not to make a statement.
Appeals
A convicted person can appeal against the conviction and/or the sentence. They can also apply for bail (interim liberation) while waiting for the appeal.
If they pleaded guilty, they can appeal against their sentence. The court may impose a different sentence (higher or lower).
If they pleaded not guilty but were found guilty at trial, they can appeal against the conviction and/or the sentence. The court may refuse or allow the appeal. If the appeal is allowed, the court may order a retrial or acquit (free) the person.
Appeals are decided by three judges in the Appeal Court in Edinburgh.
Appeals for High Court and Sheriff and Jury trials (solemn procedure) should be lodged within 14 days.
The prosecution can appeal against a sentence which it thinks is 'unduly lenient'. To succeed, the prosecution has to argue that the sentence was unreasonable given the nature of the offence and the record of the accused. Because of this, it does not happen very often. This type of appeal must be lodged within 28 days.
The prosecution cannot appeal against the verdict unless there has been an error in law in what the judge said to the jury.
VIA will keep you informed about any appeal.
Length of time in prison
Offenders do not usually serve the whole of their sentence in prison. Most are released before the end of their sentence on strict conditions.
If someone is sentenced to life imprisonment, the court will specify how long they must spend in prison (the 'punishment part') before they can be considered for release. If they are released, they are subject to special conditions (life licence) and can be sent back to prison at any time for the rest of their life if they break the conditions. The Parole Board decides when a prisoner serving a life sentence will be released. They will only agree to release an offender if they think the offender is not a risk to the public.
If someone is sentenced to four years or more in prison, they are considered for release at the halfway point, and are entitled to automatic release at the two-thirds point of the sentence. They will be released subject to conditions (on licence). If they break these conditions they can be sent back to prison.
If you want to be notified about the offender's release
If the offender has been sentenced to four years or more in prison, you can choose to be notified when the offender is released by registering with the Victim Notification Scheme. There are two parts to the scheme which you can opt into.
If you opt into part 1, you will be told when the offender is released; if the offender dies before release; has been transferred out of Scotland; is eligible for temporary release; or absconds or escapes.
If you opt into part 2, you will get the chance to send written comments to the Parole Board. You can explain how the crime has affected you; how the offender's release might affect you; and whether you have any specific concerns about release. The Parole Board will take what you write into account when making its decision. You will be told what the Parole Board decides.
If you are eligible for the scheme, the Crown Office will send a form for you to complete and return to the Scottish Prison Service. You can choose whether or not to opt in. It may be difficult to make a decision about this immediately after the court case and you may want to speak to a support agency first. You can change your mind and opt in or out of the scheme at a later date (but before the offender is due for release).
You can get more information on the scheme from the Scottish Prison Service at www.sps.gov.uk or 0131 244 8745.
The Victim Notification Scheme is being extended to offenders sentenced to 18 months or more. If you are eligible to join you will be contacted direct by COPFS.
Your safety
The police are told when a prisoner is released from prison. If you are worried about your safety contact the police. If you have been threatened or frightened by the offender, you can apply to the court for an interdict or a non-harassment order to prevent them from coming near you, your home or your work. You need to ask a solicitor to apply to the court on your behalf. The support agencies in section 4 can give you advice on how to go about this. You can find details of solicitors at www.lawscot.org.uk
Your reactions
Whether your attacker is found guilty or not guilty, you may have strong feelings and physical reactions at the end of the court case. Up to now, you may have focused all your attention on getting through the court case. You may not have had much of a chance to think about anything else. Remember that you do not need to cope alone. There are agencies which you can contact for support as often as you need (see section 4).
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