What guidance has been produced to assist judges in sentencing aggravated offences underthe Offences (Aggravation by Prejudice) (Scotland) …

The Offences (Aggravation by Prejudice) (Scotland) Act 2009 (the 2009 Act), which came into force in March 2010, ensures that, where it can be proven that an offence has been motivated by malice or ill-will based on the victim’s actual or presumed sexual orientation, transgender identity or disability, the judge or sheriff must take that motivation into account when determining sentence. This may lead to a longer custodial sentence or higher fine or a different type of disposal than might have been the case if the offence was not so aggravated. Work is currently underway to evaluate the effectiveness of the provisions in the 2009 act by identifying the scale of reported hate crime and the progress of these cases through the justice system.
Sentencing decisions in Scotland remain entirely a matter for the sentencer, who hears all the facts and circumstances surrounding the offence and the offender, and takes into account any factors which he or she considers to be relevant before reaching a view on an appropriate sentence. As such, guidance has not been produced specifically to assist Judges in sentencing aggravated offences under the 2009 Act. However, there are provisions for a Scottish Sentencing Council, in the Criminal Justice and Licensing (Scotland) Act 2010, which will establish a council when they are commenced. The council will produce guidelines to assist the development of sentencing policy and promote consistency in sentences. A sentencing guideline relating to how courts take account of aggravated factors in hate crimes, including those offences aggravated under the 2009 Act, could be a matter that the Scottish Government could request the council to consider.
http://www.legislation.gov.uk/asp/2010/13/part/1/crossheading/the-scottish-sentencing-council/enacted.