The Scottish Sentencing Council (SSC) develops sentencing guidelines for the Scottish criminal courts to promote consistency, transparency and public understanding of sentencing
practice, and to assist in sentencing
policy. It is a statutory body established by the Criminal Justice and Licensing (Scotland) Act 2010.
Key features include: drafting guidelines following consultation with the judiciary, prosecution, defence and the public; submitting guidelines to the High Court of Justiciary for approval; and publishing research and explanatory materials. Once approved, Scottish courts must have regard to the guidelines and, if departing from them, must state their reasons. SSC guidelines are routinely cited in pleas in mitigation, sentencing statements and appeals, and are a core reference point when advising clients on likely sentence or prospects on appeal.
Jurisdiction: the SSC’s remit is confined to Scotland. Equivalent
functions are performed by the Sentencing Council for England and Wales; in Northern Ireland, sentencing guidance is issued under the authority of the Lady Chief Justice; and in Ireland, comparable work is undertaken by the Judicial Council’s Sentencing Guidelines and Information Committee. Usage of “sentencing guidelines” is broadly consistent, but the issuing bodies and legal framework differ by jurisdiction.