Report to the People
25th September 2006

The Right Consistency

Does anything annoy football fans more than a referee’s inconsistency?  One minute, your player gets booked for winning the ball with a brave tackle.  The next, their burly centre half fells your striker with a tackle so late you’d need a calendar to time it and you don’t even get a free kick.

But the most a ref’s inconsistency is going to cost you is 3 points or some money. 

It’s a different matter, though, where more important decisions, such as those taken in the courts, are concerned.  If criminals are handed wildly differing sentences for the same crime, not only are victims let down, public faith in the justice system is undermined.

Last week, therefore, the Sentencing Commission for Scotland published plans to improve consistency in sentencing.

The Commission says there should be an Advisory Panel on Sentencing in Scotland, which would prepare draft sentencing guidelines for consideration by the Appeal Court of the High Court of Justiciary.  And, to ensure input from outside the judiciary, the Advisory Panel would not be a judges’ closed shop.

These guidelines would not dictate sentences in individual cases, but where a judge imposes a sentence which is outwith these guidelines, they would have to explain themselves.

For there to be fairness and justice in the legal system, there must be consistency in sentencing.  As Commission Chairman, Lord Macfadyen, puts it, “these principles demand that similar crimes committed in similar circumstances by offenders whose circumstances are similar should attract similar sentences.”

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