Denying Responsibility

Abstract

In Scottish Executive statistics and in this paper, the term ‘community sentence’ is used to refer to probation, community service, supervised attendance, restriction of liberty and drug treatment and testing orders. All Scottish courts, with the exception of the lay District Court, have the power to impose any of these sentences. As in other jurisdictions, the sentencing options available vary with the powers of the different criminal courts. The High Court hears the most serious cases, including all cases of murder and rape, and has no limits on the length of imprisonment or amount of fine. The Judge in the High Court sits alone with a jury of 15. Though Scotland has no established tradition of sentencing guidelines, the High Court does have the power to issue them. In the Sheriff Court, in serious cases—on solemn procedure—the legally qualified Sheriff sits alone with a jury of 15 and can impose sentences of up to three years’ imprisonment and fines of up to £5,000. At the time at which the research was conducted, in less serious cases, in the Sheriff Court on summary procedure and in the Stipendiary Magistrates’ Court (there is only one in Glasgow), sentences of up to three months’ imprisonment, or six months’ for a second or subsequent conviction for violence or dishonesty, and a fine of up to £5,000 could be imposed. The Sheriff and the legally qualified Stipendiary Magistrate sit alone. Last, the District Court—the only lay court in Scotland—hears more minor cases and can impose up to 60 days’ imprisonment or a fine of up to £2,500. There will normally be one Justice of the Peace, although there may be more. At present, the powers and jurisdiction of the summary courts are undergoing change.