« Previous | Next »
Listen
FOREWORD
Difficult and life changing sentencing decisions are made every day by our judges, sheriffs, justices of the peace and stipendiary magistrates. Decisions based on full and careful consideration of the facts and circumstances relating to every offence and every offender. This is an awesome responsibility and one that the judiciary discharges with distinction.
The complete independence of the judiciary in making these decisions is at the heart of the criminal justice system in any society that considers itself free and fair. Scotland is no exception. Judicial independence is a fundamental principle of our justice system and our democracy. This Government will never threaten that principle.
We believe that Government does have a responsibility to ensure that Scotland has the appropriate framework in place to promote fairness and justice in sentencing.
In 2006, the Sentencing Commission for Scotland recommended that a system of sentencing guidelines should be put in place in this country. A variety of such systems already exist in a large number of other jurisdictions around the world - from New Zealand and Australia to South Africa, the United States, much of the European Union and even our closest neighbours in England & Wales.
We believe that there is a case for a system of sentencing guidelines to help deliver more consistent and transparent sentencing - and a Scottish Sentencing Council to oversee that system. Greater clarity and openness will help to improve public confidence in our criminal justice system, which is why we also want to outline in statute for the first time the purpose of sentencing and the key principles that underpin judicial decision making.
This consultation is your opportunity to consider our proposals and help shape a sentencing framework appropriate to 21st century Scotland. Together, we can ensure that the Scottish justice system continues to be respected and envied throughout the rest of the world.
Kenny MacAskill MSP
Cabinet Secretary for Justice
« Previous | Next »