Criminal Procedure (Scotland) Act 1995

196 Sentence following guilty plea.S

[F1(1)] In determining what sentence to pass on, or what other disposal or order to make in relation to, an offender who has pled guilty to an offence, a court [F2shall] take into account—

(a)the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and

(b)the circumstances in which that indication was given.

[F3(1A)In passing sentence on an offender referred to in subsection (1) above, the court shall—

(a)state whether, having taken account of the matters mentioned in paragraphs (a) and (b) of that subsection, the sentence imposed in respect of the offence is different from that which the court would otherwise have imposed; and

(b)if it is not, state reasons why it is not.]

[F4(1B)Subsection (1C) applies where—

(a)the court is making an order for lifelong restriction to which section 205ZB applies in respect of an offender or imposing on an offender—

(i)a serious terrorism sentence of imprisonment under section 205ZA(2),

(ii)a serious terrorism sentence of detention under section 205ZA(6),

(iii)a sentence of imprisonment for life to which section 205ZB applies, or

(iv)a sentence of detention for life to which section 205ZB applies, and

(b)the offender has pled guilty to the offence for which the offender is being sentenced.

(1C)The court may, after taking into account the matters mentioned in paragraphs (a) and (b) of subsection (1), impose as the appropriate custodial term or, as the case may be, specify as the punishment part, a term of any length which is not less than 80 per cent of the term which would otherwise be required.]

[F5(2)Where the court is passing sentence on an offender under section 205B(2) of this Act and that offender has pled guilty to the offence for which he is being so sentenced, the court may, after taking into account the matters mentioned in paragraphs (a) and (b) of subsection (1) above, pass a sentence of less than seven years imprisonment or, as the case may be, detention but any such sentence shall not be of a term of imprisonment or period of detention of less than five years, two hundred and nineteen days.]