What sentencing guidelines there are in respect of environmental crime.

There are no sentencingguidelines issued in Scotland. The matter of sentencing, within the parameters setby Parliament, is entirely one for the judiciary who hear all the circumstancesof the offence and the offender, plus any mitigating factors put forward by theaccused’s representative. The independence of the judiciary is a fundamentalprinciple of the Scottish legal system and ministers attach great importance tojudicial discretion in sentencing.
However, as outlined in theExecutive’s Partnership For A Better Scotland, we are committed totaking strong action to reduce environmental crime by strengthening theenforcement of environmental law, including consideration of the establishmentof environmental courts and the setting up of a network of area specialists inthis field. In addition, the Scottish Environment Protection Agency isconsidering methods by which courts themselves can be made more aware of theimpact and severity of environmental crimes, ensuring robust and effectiveprosecutions where necessary.