Written Question · S2W-27353 · Session 2
Whether wildlife crime is addressed in any Crown Office advice on sentencing and, if so, whether the advice includes any guidance in respec…
The question
To ask the Scottish Executive whether wildlife crime is addressed in any Crown Office advice on sentencing and, if so, whether the advice includes any guidance in respect of the Parliament’s wish that sentences should act as an effective deterrent.
The answer
The Crown Office and ProcuratorFiscal Service does not and constitutionally can not provide advice on sentencing.Sentencing is entirely a matter for the sheriffor judge in court who hears all the circumstances of the offence and the offender.
The Lord Advocate does have aright of appeal against “unduly lenient” sentences under the Criminal Procedure(Scotland) Act 1995. The independent sentencing powers of judges have always beena cornerstone of our legal system and the Appeal Court has therefore set a hightest to be satisfied before a Crown appeal against sentence will be successful.
The Lord Advocate does have aright of appeal against “unduly lenient” sentences under the Criminal Procedure(Scotland) Act 1995. The independent sentencing powers of judges have always beena cornerstone of our legal system and the Appeal Court has therefore set a hightest to be satisfied before a Crown appeal against sentence will be successful.
In the Official Report
No contribution in the Official Report cites S2W-27353 by reference.