Sentences/Sheriffs/Judges/Lay Judges

Sentencing is one of the most important decisions made within the criminal justice system. Broadly speaking there are several philosophical rationales for sentencing:

  • Desert or retribution: offenders are punished because they deserve it or have broken the law;
  • Deterrence: because society needs to dissuade others from offending;
  • Incapacitation: because society needs to be protected from the offender;
  • Rehabilitation: were it is hoped that the offender can be transformed into a non-offender;
  • Restorative: because society hopes to repair some of the damage done to the victim and the wider community.

The criminal justice system in Scotland is a mixture of all these elements, reflecting historical developments within the system itself and wider social and cultural changes.

The sentencing powers currently available to criminal courts in Scotland are: absolute discharge, admonition, an order to find caution, fine, supervised attendance order, compensation, probation order, community service order and imprisonment. Further details about each of these options can be found on the Scottish Courts website.

Information about sentencing in Scotland can also be found on the Scottish Government website.

Rather than training individuals to become judges - which is the norm in Europe - Scotland selects its judges from legal practitioners. The most senior judges in Scotland are those appointed to the Court of Session (the supreme civil court in Scotland), who also serve as High Court judges. Sheriff courts are presided over by judges known as Sheriffs, and Justice of the Peace & District Courts by Lay Judges.  

For more information on the criminal courts in Scotland visit the Courts section of the website.

The Centre published a briefing paper on sentencing in 2006, copies of which can be found here.   

The Centre also holds a small number of books on sentencing, details of which can be found here.