Waiting to be sentenced can be one of the hardest parts of the whole process – the not-knowing. Once you’ve pled or been found guilty, the court has to decide what happens next, and in Scotland, as in England & Wales, sentencing follows its own process.
Bail or remand. While a case is ongoing, you’ll either be released on bail (usually on condition you don’t commit any further offences and stick to any other conditions set) or remanded in custody. Breaching bail conditions is treated as an aggravating factor, and can add to any eventual sentence.
Reports. Before sentencing, the court may ask for background reports – a Criminal Justice Social Work Report is Scotland’s equivalent of an England & Wales pre-sentence report, prepared by a local authority justice social worker, covering your circumstances and the risk of reoffending.
Sentencing guidance. Sentencers in Scotland refer to guidelines published by the Scottish Sentencing Council, an independent body that aims to make sentencing more consistent and transparent.
What you can do. Your solicitor can put forward a plea in mitigation on your behalf before the sentence is passed – covering things like your personal circumstances, any remorse, and steps you’ve already taken to address the offending.