A law lecturer has said new sentencing process guidelines could boost the public’s faith in the legal system.
It comes as the Scottish Sentencing Council is carrying out a public consultation which aims to help people understand the various factors taken into consideration by judges and sheriffs when reaching decisions.
And law lecturer at Robert Gordon University Dr Paul Arnell said people having a better understanding of the sentencing process will “enhance confidence” in the system.
He said: “Sentencing is a complex and controversial issue. The disparity between sentences often leads to criticism. For example as between drug and driving offences (even those causing death) and sexual crimes. It is important to note these guidelines will not address different sentences for different crimes – instead it concerns the process.
“The benefits of the guidelines appears to be greater public understanding as to how a sentence is reached. The steps within them lay out relatively clearly how any particular sentence is arrived at.
“Public understanding of the process will enhance confidence in the system to the extent that it becomes clear a sentence is not imposed on the whim of a judge, but by careful consideration of a number of factors in the light of existing rules.
“Overall, I think the guidelines are a positive development, but one must be clear they are not an exercise in deciding which crimes are more serious than others and so merit a greater sentence.”
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Defence solicitor John Hardie, who is a partner in Gavin Bain & Company, agreed it is important people understand the reasoning behind sentences sheriffs and judges impose.
He said: “I think it’s important because we’re living in a world where everyone has access to information.
“When a case is decided in court, not so long ago very few people would actually have heard what the sentence was. There were obviously a few high-profile cases where it was publicised. Often the sentence would result in somebody being dissatisfied.
“So there being a mechanism whereby everyone can see how that decision was reached is important because there are always factors that a sentencing judge or sheriff has to take into account that someone reading the bald facts of a disposal will never be aware of.
“I think helping people understand how the courts reach these decisions is only going to assist.
“Quite often, historically, we’ve seen situations where what appears on the face of it, just with the bald facts, to be an unduly lenient sentence, can result in knee-jerk response by politicians which results in far-reaching implications for a lot of people who should not have been affected by it in years to follow and further down the system.
“I think this is the best way to do it, to make sure it’s possible for anyone who wants to know why a sentence was imposed to have that information.”
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