Sentencing of Young People Guidelines – Scotland

By Darren Fleming – Solicitor Advocate Criminal Defence & Road Traffic Law

The Sentencing of Young People Guidelines came into effect in Scotland on 26th January 2022 and they apply to anyone who is under the age of 25 at the time they plead guilty to a charge or are found guilty following a trial.

The primary goal of the guidelines is rehabilitation following recognition that those under the age of 25 generally have a lower level of maturity and a greater capacity for change than an older person.

The general guidelines for sentencing continue to apply, insofar as the sentence must be fair and proportionate and that the seriousness of the offence should be assessed by evaluating the level of blame and harm.

The assessment of the level of blame, or “culpability”, is developed further in the guidelines however, the requirement of the court to consider the level of harm (including the impact of the offence on any victims) is not affected by the provisions of the Sentencing of Young People Guidelines.

When sentencing a young person in criminal proceedings, the courts must now have particular regard to the maturity of the young person and rehabilitation.

Maturity in Respect of Sentencing Young People in Scotland

During the development of these guidelines, research showed that young people are not fully developed and may not have attained full maturity which can affect the following:

• their ability to exercise good judgement
• their susceptibility to negative influences (such as peer pressure)
• their ability to think about the consequences of their actions
• their willingness to take more risks

Accordingly, the culpability (level of blame) of a young person may be lower than that of an older person facing sentencing for the same or similar offences.

Rehabilitation When Sentencing a Young Person

As mentioned, rehabilitation is to be a primary consideration when the court is faced with sentencing a young person. This is designed to tap into a young person’s greater capacity for change and to reduce the risk of reoffending.

This should lead to a greater number of community-based disposals being imposed by the court in order that social work can engage meaningfully with the young person.

The court will keep a close eye on progress by regularly reviewing any orders that are imposed and if there is a lack of engagement by the young person, the court can revoke the order and all sentencing options will again be considered, which may include detention or custody.

The Scottish Government are undergoing a review of the impact that these guidelines have had on sentences and may make changes to the guidelines depending on the outcome of this review.

Why Getting Legal Advice Early is Key

Being faced with criminal proceedings can be a daunting prospect in any circumstances, especially for a young person with no experience of the criminal justice system.

It is important to get professional advice early on in the proceedings so that all options can be identified and that your position is properly presented to the court.

The advice may be to plead not guilty and procced to trial, or the advice may be that a plea is considered due to the nature of the evidence. In either case, with Scullion LAW, your best interests will always be at the forefront of our minds.