What its position is on non-custodial sentences being considered first when sentencing a (a) parent or (b) primary caregiver.

The Scottish Government’s position is that it is for the courts to decide on the most appropriate sentence, within the overall legal framework, in all cases. The complete independence of the judiciary in making sentencing decisions is at the heart of the criminal justice system in Scotland and it is appropriate that sentencing decisions are entirely a matter for the judge, who hears all the facts and circumstances surrounding the offence and the offender, and takes into account any factors which they consider to be relevant before reaching a view on whether a custodial sentence or non-custodial sentence should be imposed.
The courts are required to request a Criminal Justice Social Work Report (CJSWR) when considering imposing a custodial sentence on an individual under the age of 21 or who has not served a previous custodial sentence (unless a report has already been prepared on the individual within the last three months). The purpose of the CJSWR is to provide the court with information and advice that they need in deciding on the most appropriate way to deal with offenders, including the family circumstances of the offender. If the CJSWR did not fully reflect the offender’s family circumstances it would be possible for the defence solicitor to bring any additional matters to the court’s attention. Where the law does not require the court to ask for a CJSWR, the court can exercise its discretion to request one and, in most cases, the court will generally ask for a CJSWR if a custodial sentence is likely.