Date lodged: 8 December 2017
To ask the Scottish Government what its position is on the sentencing guidelines for people under 18 who are convicted of culpable homicide, and what plans it has to review these.
Answered by: Michael Matheson 20 December 2017
There are no current guideline judgements or sentencing guidelines in relation to the sentencing of people aged under 18 convicted of culpable homicide. Section 118 and section 189 of the Criminal Procedure (Scotland) Act 1995 provide authority for the court to issue a guideline judgement when dealing with a sentence appeal. In addition, the independent Scottish Sentencing Council is able to propose sentencing guidelines for approval by the High Court.
In the case of guideline judgements, it is a matter for the court to determine what issues could be covered. In the case of sentencing guidelines, it is a matter for the Sentencing Council to determine what issues could be covered.