Role Overview & Mandate
Executive Summary
Overview The Scottish Sentencing Council is an independent advisory body which...
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Overview
Further information about the role and work of the Council can be found on the Council’s website:
The Council, including the chair, consists of 12 members.
The Lord Justice Clerk is the Chair of the Council by virtue of her office. The remaining members are composed of five judicial and three legal members, appointed by the Lord Justice General, and three lay members - one constable, one person with knowledge of victims' issues and one other person who is not qualified as a judicial or legal member (“the ‘open’ position”), appointed by the Scottish Ministers.
In November 2021, the Council published its third business plan for the period 2021-24, which outlines the Council’s work programme over the coming three years and builds on progress since the establishment of the Council in 2015. Current priorities include the development of sentencing guidelines in relation to causing death by driving, sexual offences (with an initial focus on indecent images, rape, and sexual assault), domestic abuse, and sentence discounting. The Council has published finalised guidelines on the principles and purposes of sentencing; the sentencing process; and the sentencing of young people.
Scottish Ministers are seeking enthusiastic and committed applicants who would like to be considered for appointment as the victims’ expert on the Council.
Applications are welcomed and encouraged from the widest possible range of eligible persons and particularly from protected groups covered by the Equality Act 2010.
Responsibilities
The Council has statutory objectives to:
- promote consistency in sentencing practice,
- assist the development of policy in relation to sentencing, and
- promote greater awareness and understanding of sentencing policy and practice.
The Council’s functions include:
- preparing sentencing guidelines for the Scottish courts,
- publishing guideline judgments issued by the Scottish courts, and
- publishing information about sentences imposed by the courts.
It also has powers to publish information about, and conduct research into, sentencing and to provide advice and guidance of a general nature on sentencing matters.
Although the level of time commitment will ultimately depend on the programme of work being undertaken and any committees the member sits on, members should expect a commitment of approximately 12 days each year for Council business. This would include four Council meetings, additional workshops and committee meetings, time for training and preparation, and occasional stakeholder engagement and promotional events. Council meetings will usually be held in Parliament House, Edinburgh, but on occasion may be scheduled to take place elsewhere in Scotland.
Amongst other matters, members will:
- contribute to the development of sentencing guidelines for the approval of the High Court of Justiciary;
- advise on and contribute to the development of sentencing policy;
- advise on and contribute to the promotion of awareness and understanding of sentencing policy and practice;
- contribute to identifying areas for research or analysis, and consider the outputs of
- engage directly with stakeholders and co-operate with others in the justice system; and
- contribute to the development of the Council’s business plan and annual reports.
The successful applicant will be appointed for a term of 5 years. The position is not remunerated. Expenses are paid in accordance with paragraph 6A of Schedule 1 to the 2010 Act, and the Council’s standing orders.
Skills/Experience Required
How to apply
The successful candidate will require to meet the following criteria through relevant skills and experience:
- knowledge and understanding of the issues faced by victims of crime;
- knowledge and understanding of sentencing and the wider criminal justice system;
- knowledge and understanding of the impacts of sentencing; and
- certain specified personal qualities, as set out in the Candidate Information Form.
To apply, Please do not submit an application through the system, please download a copy of the application form and submit it together with your CV directly to Linsay.Mackay@gov.scot.
Scottish Sentencing Council - Application form
Please read the candidate information form which contains full details of the application and selection process and information on Council membership.
Candiate Information Form
For further information on the application process please contact Linsay Mackay, Policy Officer, Criminal Law and Sentencing unit at Linsay.Mackay@gov.scot
Essential Dates
Closing date for applications is midnight, Monday 3 April 2023
Interviews will be held on 27 and 28 April 2023
The successful candidate may be invited to attend a familiarisation meeting during May/June 2023
