Caselaw: Discounts In Summary Sentencing

The Appeal Court today decided that a Sheriff was wrong to select a headline sentence in excess of the maximum competent sentence that could have been imposed had the matter proceeded to trial. The case has not been reported yet, but it would appear to put to bed the notion that a Sheriff can restrict Read more about Caselaw: Discounts In Summary Sentencing[…]

Caselaw – Yet Another Interesting Discount Case

The issue of when the sentencing court can apply a discount continues to be the subject of recent Appeal Court decisions.  In HM Advocate v McNamara 2012 [HCJAC] 54,  the Crown appealed against a punishment part of 13 1/2 years on the ground that it was unduly lenient.  The Appeal Court agreed. In this case the Read more about Caselaw – Yet Another Interesting Discount Case[…]

Caselaw – Discounts For Guilty Pleas – A Practical Guide

The practice of discounting sentences for guilty pleas is a day-to-day occurrence in the criminal courts in Scotland.  Parliament expressly provided for such discounts, designed to reward savings on court time and resources, by enacting Section 196 of the Criminal Procedure (Scotland) Act 1995.  That Section provides: – (1) In determining what sentence to pass Read more about Caselaw – Discounts For Guilty Pleas – A Practical Guide[…]