Response 172087206

Back to Response listing

Questions

6. Do you have any other comments that have not been captured in the responses you have provided above?

Do you have any other comments that have not been captured in the responses you have provided above?
The SCTS is unable to comment on the majority of the questions posed in the consultation as they do not directly affect the SCTS. However, we do observe that Option 2, “Disenfranchisement applied as an additional penalty”, would require individual judges to apply the key principles and consideration of any sentencing guidelines produced on a case by case basis. We also consider the judge would have to explain the requirements/import of such an order. The clerk of court would then be required to record the decision via the SCTS criminal case management system and the information electronically transmitted to relevant persons. This would result in an impact on the SCTS in respect of: • court time and relative court programming; • associated staff training and accommodation resources, and • costs involved in relevant IT changes. Additionally, it may be anticipated that such an order would be appealable as though it were a sentence of the court, with the associated costs to the SCTS of the appeal process. The SCTS would therefore welcome the opportunity to be kept informed of any developments, including, where required, contributing towards any financial memorandum or relevant impact assessment.

About you

What is your name?

Name (Required)
David Smith

Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Ticked Organisation

What is your organisation?

Organisation
Scottish Courts and Tribunals Service