PART 1SENTENCING

The Scottish Sentencing Council

8AF1Sheriff Appeal Court's power to require preparation or review of sentencing guidelines

1

Where the Sheriff Appeal Court pronounces an opinion under section 189(7) of the 1995 Act, the Court may require the Council to—

a

prepare, for the approval of the High Court of Justiciary, sentencing guidelines on any matter, or

b

review any sentencing guidelines published by the Council on any matter.

2

On making a requirement under subsection (1), the Sheriff Appeal Court must state its reasons for doing so.

3

The Council must comply with a requirement made under subsection (1) and, in doing so, must have regard to the Sheriff Appeal Court's reasons for making the requirement.