New guidance for sentencing young people comes into effect

The new guidance applies to people under the age of 25.

Katharine Hay
Wednesday 26 January 2022 00:01
A new sentencing guideline developed by the Scottish Sentencing Council comes into effect in all courts in Scotland from Wednesday (Jane Barlow/PA)
A new sentencing guideline developed by the Scottish Sentencing Council comes into effect in all courts in Scotland from Wednesday (Jane Barlow/PA)

New guidance that aims to ensure rehabilitation is a “primary consideration” when young offenders are sentenced has come into force in courts across Scotland.

The sentencing young people guideline applies to people under the age of 25 from the date they are found guilty or make a guilty plea.

Developed by the Scottish Sentencing Council, the document draws on scientific evidence on cognitive maturity.

It says a young person will generally have a lower level of maturity and a greater capacity for change than an older person, and therefore rehabilitation should be a primary consideration when sentencing them.

It is important to note that the guideline does not affect the centrality of the harm caused to a victim in assessing the level of seriousness of an offence

Lady Dorrian, Lord Justice Clerk

The guidelines also say that a court should ensure that it has sufficient information to assess the maturity of the young person in order to impose the appropriate sentence.

This includes awareness of potential factors common to young people who commit offences, such as addiction, trauma, and adverse childhood experiences.

The council said rehabilitating young people will also help to achieve one of the guideline’s key aims: to reduce reoffending among young people, and thereby help to increase public safety.

Lady Dorrian, Lord Justice Clerk and chairwoman of the council, said: “The council considers that by setting out the various matters which should be taken into account when sentencing a young person, the guideline will help to increase public understanding and awareness of why this is a different exercise to the sentencing of a fully mature adult, with rehabilitation as primary consideration.

“It is important to note that the guideline does not affect the centrality of the harm caused to a victim in assessing the level of seriousness of an offence.

“It also does not prevent other purposes of sentencing, such as protection of the public, or the full range of sentencing options, from being considered by courts when sentencing a young person.”

It joins, and must be read alongside, the principles and purposes of sentencing and the sentencing process guidelines as part of a framework for all sentencing decisions in Scotland

Lady Dorrian

Lady Dorrian added: “The sentencing young people guideline is the Scottish Sentencing Council’s third general guideline.

“It joins, and must be read alongside, the principles and purposes of sentencing and the sentencing process guidelines as part of a framework for all sentencing decisions in Scotland.”

The new guidelines went through a full public consultation in 2020 and were approved by the High Court in November last year.

In response, Scottish Conservative shadow cabinet secretary for justice Jamie Greene MSP said the new policy is “unfair to victims” and “plainly wrong”.

Referencing a section of the new guidelines which said “if a custodial sentence is imposed on a young person, it should be shorter than that which would have been imposed on an older person for the same, or a similar, offence”, Mr Greene asked: “Why should a 24-year-old criminal receive a lesser sentence than a 25-year-old who commits the same offence, merely on account of their age?”

He went on to claim 71% of people rejected the proposal at the consultation stage.

“The Scottish Conservatives will finally put victims at the heart of Scotland’s justice system through our proposed Victims Bill ” he added.

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