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New moves were made today to ensure greater transparency and consistency in the sentencing process.

The Scottish Government published proposals for a new system of sentencing guidelines and a judicially-led Scottish Sentencing Council to oversee that system.

The proposals, which are out to consultation, will create a broad, understandable framework within which sentencers will be expected to operate but without removing their discretion to pass sentence in individual cases as they see fit, based on the facts and circumstances of the case before them.

The document also includes proposals aimed at giving the public the opportunity to contribute to the development of draft sentencing guidelines before they are finalised.

The legislation to create the Scottish Sentencing Council will be introduced as part of the forthcoming Criminal Justice Bill.

Justice Secretary Kenny MacAskill said:

"The Scottish Government is clear that the complete independence of the judiciary in making sentencing decisions is at the heart of our criminal justice system.

"However, we do believe that we have a responsibility to make sure that Scotland has the right framework in place to promote fairness and clarity in sentencing.

"We believe that there is a strong case for a system of sentencing guidelines to help deliver more consistent and transparent sentencing and a judicially-led Sentencing Council to develop that system. We committed to this in our manifesto and we are determined to deliver it.

"Greater clarity and openness will help to improve public confidence in our criminal justice system so that victims interests are properly taken into account.

"This consultation provides an opportunity for all interested parties to help shape a sentencing framework which is appropriate for 21st Century Scotland. We want to ensure that the Scottish justice system continues to be respected throughout the rest of the world."

David McKenna, Chief Executive of Victim Support Scotland, welcoming the development of new sentencing guidelines and the process of consultation said:

"Fairness and clarity in sentencing is very important. A sentencing framework which ensures that victims' interests are properly taken into account and greater clarity and openness will undoubtedly give the public added confidence in the criminal justice system in Scotland."

The consultation will run until November 21, 2008 and views are welcome from any interested organisations and individuals.

The judicially-led Sentencing Commission, set up by the previous administration, examined the issue of consistency in sentencing. The central recommendation of the Commission's 2006 report, The Scope to Improve Consistency in Sentencing, was the creation of a procedure for giving effect to sentencing guidelines.

The Scottish Government in their 2007 election manifesto indicated strong support for the creation of a system of sentencing guidelines and a Sentencing Council to develop that system. In addition, the Scottish Prisons Commission recommended in its recent report that we create a body to develop clear sentencing guidelines that can be applied nationwide.

The planned Scottish Sentencing Council will have the ability to produce guidelines on a number of sentencing related issues, including the appropriate range of sentences for a specific offence. We will not be specifying in the forthcoming Criminal Justice Bill exactly what these guidelines will ultimately look like - that will be for the Council itself.

The Scottish Government would expect however that any guideline on a specific offence would cover the broad range of sentences that would normally be drawn on should someone be convicted of that offence - i.e. the normal range for a custodial sentence, the non-custodial options on offer, the various factors which should be considered to determine what type or length of sentence would be appropriate, etc.

Judges would be obliged to adhere to these guidelines. They could however deviate from a guideline should they feel the circumstances of the case merited it, and would have to state and record their reasons for doing so.

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