Justice Minister Neil Gray, Barlinnie Prison, Polmont YOI and Conservative MSP Stephen Kerr.
by Bill Heaney
When judges hand down a sentence in court, most members of the public, including the prisoner in the dock, haven’t a clue what it means.
That is how long they will actually serve of the time that has been imposed on them, and where they will serve it.
Now, one MSP, Tory Stephen Kerr, has asked the Scottish Government what actions it will take to help ensure clear and transparent sentencing.
The new Cabinet Secretary for Justice, Neil Gray, replied: “Sentencing decisions in individual cases are a matter for the sentencing judge. The sentencing of offenders is usually announced orally in court.
“The judge will often give reasons for imposing a particular sentence at the time of sentencing and may also publish a sentencing statement regarding certain cases of particular public interest or those that raise wider issues.
“The Scottish Sentencing Council, which is a statutory independent advisory body, aims to promote greater public understanding of sentencing and has published a range of online information to help the public to understand different aspects of sentencing.”
Stephen Kerr replied: “Fundamentally, it is we, in this Parliament, who decide and determine the law, and the reality is that Scotland’s sentencing system is deliberately dishonest. Offenders can be released after serving only 50, 40 or 30 per cent of the sentence imposed.
“Put simply, sentencing often does not mean what it says, and the public gets that. Does the cabinet secretary agree that prisoners should, by default, serve the full sentence handed down by the court?
Neil Gray replied: “I am sure that Mr Kerr will know and understand that the custodial sentence imposed by the court is generally not the same as the length of time that a person will spend in custody.
“That does not mean that the sentence has changed. Rather, it reflects that a sentence will last for the length of time that a court has imposed, but may be subject to enforcement both in custody and in the community.
“That long-standing part of Scots law has operated under many different Administrations, with a lot of the existing infrastructure originally set up in the mid-1990s by the then United Kingdom Government.”
Paul McLennan (SNP) asked: “As the efficient and fair function of Scotland’s justice system is a priority for all in this chamber, does the cabinet secretary agree with me on the importance of the Scottish Sentencing Council and the courts working independently to ensure that objective?”
Neil Gray added: “That is a fundamental principle of the rule of law within our country. The independence of our criminal courts is a vital feature of how justice is delivered.
“One way in which an independent sentencing council can assist the operation of the courts is through the production of sentencing guidelines covering particular types of offence, such as rape, or particular categories of offender, to make clear the factors that a sentencing judge is required to consider in determining the appropriate sentence.
“Those guidelines must be agreed by the High Court before they come into effect. Once they are in effect, the court must have regard to any relevant guidance when sentencing.”
Top of page: Advocates, sheriffs and judges at an event in Edinburgh.
