Sentencing in Scotland: 12 questions answered
Sentencing in Scotland is shaped by the Criminal Procedure (Scotland) Act 1995 and guidelines from the Scottish Sentencing Council. Sentences range from an admonition to imprisonment, courts must avoid prison terms of 12 months or less where possible, and an early guilty plea usually reduces the sentence.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
How do courts in Scotland decide on a sentence?
Scottish courts follow the Scottish Sentencing Council's Principles and purposes of sentencing guideline, which says every sentence must be fair and proportionate, and The sentencing process guideline, which sets out eight steps. In broad terms, the judge assesses how serious the offence is by looking at the harm caused and the offender's culpability (blameworthiness), weighs aggravating and mitigating factors, takes account of any guilty plea, and chooses the most suitable sentence. The purposes of sentencing include protecting the public, punishment, rehabilitation and giving the offender a chance to make amends. The judge should explain the sentence.
Which sentencing guidelines are in force in Scotland?
As at September 2026, six Scottish Sentencing Council guidelines have been approved by the High Court: Principles and purposes of sentencing (from November 2018), The sentencing process (September 2021), Sentencing young people (January 2022), Statutory offences of causing death by driving (January 2024), and separate guidelines on rape and on rape of a young child, which apply to people sentenced on or after 1 September 2026. Courts must have regard to relevant guidelines and give reasons if they depart from them. Guidelines on domestic abuse, sexual assault, indecent images of children, guilty pleas and environmental crime are still being developed.
What types of sentence can a Scottish court give?
Scottish courts have a wide range of sentences. The lightest are an absolute discharge, where no penalty is imposed, and an admonition, which is a formal warning. Courts can also defer sentence to see how you behave, impose a fine, order you to pay compensation to the victim, or require you to find caution, which is money lodged as a guarantee of good behaviour. Community sentences include community payback orders, restriction of liberty orders and drug treatment and testing orders. The most serious option is imprisonment, or detention for younger people. Courts can add other orders, such as driving bans or non-harassment orders.
What is a community payback order?
A community payback order (CPO) is a community sentence that contains one or more requirements. The most common are unpaid work, from 20 to 300 hours, and supervision by a criminal justice social worker. Other possible requirements include paying compensation, attending a programme, living at a specified address, and mental health, drug or alcohol treatment. The court usually needs a criminal justice social work report before making one. If you fail to comply without a reasonable excuse, you can be brought back to court, and the court can change the order, add requirements, or revoke it and impose a different sentence, including prison.
What are restriction of liberty orders and drug treatment and testing orders?
A restriction of liberty order (RLO) requires a person to stay at a particular place, or stay away from a particular place, at set times, and is enforced by electronic monitoring, often called a tag. It can last up to 12 months, and a person can be required to stay at one address for up to 12 hours a day. A drug treatment and testing order (DTTO) is for people whose offending is linked to drug misuse. It lasts from six months to three years, requires treatment and regular drug testing, and is reviewed by the court. A DTTO can only be made if the offender agrees to it.
Is there a presumption against short prison sentences in Scotland?
Yes. Under section 204(3A) of the Criminal Procedure (Scotland) Act 1995, a court must not impose a prison sentence of 12 months or less unless it considers that no other way of dealing with the person is appropriate. If it does impose such a sentence, it must give its reasons and have them recorded. The presumption was extended from three months to 12 months in July 2019. It is a presumption, not a ban, so short sentences can still be imposed, for example where public safety requires it. There are also extra safeguards before a court jails someone aged 21 or over for the first time.
Will I get a lower sentence for pleading guilty?
Usually, yes. Section 196 of the Criminal Procedure (Scotland) Act 1995 requires the court to take into account when, and in what circumstances, you indicated a guilty plea. The earlier the plea, the bigger the discount is likely to be, because it spares victims and witnesses from giving evidence and saves court time. High Court decisions indicate the discount should not normally exceed one third, and it can be smaller or refused altogether in some cases. The judge must say whether the sentence has been reduced and, if not, explain why. A Scottish Sentencing Council guideline on guilty pleas is being developed.
What is a criminal justice social work report?
A criminal justice social work report is prepared by a local authority social worker to help the court decide on a sentence. It covers your background and circumstances, the offence, the risk of reoffending and whether a community sentence would be suitable. The court must normally obtain one before sending someone aged 21 or over to prison for the first time, before sentencing someone under 21 to detention, and before imposing certain community sentences. The social worker will usually interview you. It is important to attend and take part, because the report can affect which options the court considers.
How are young people sentenced in Scotland?
The Scottish Sentencing Council's Sentencing young people guideline applies to anyone under 25 at the date of their guilty plea or conviction. It recognises that young people's brains are still developing, so they may be less mature and less able to control impulses, and they are generally more capable of change. Rehabilitation must be a primary consideration, and a sentence for a young person will usually be lower than for an older adult who committed the same offence. Since 28 August 2024, children under 18 can no longer be sent to a young offenders institution or prison; they are held in secure accommodation instead.
When will a prisoner be released in Scotland?
It depends on the sentence length and offence. Since 12 May 2026, short-term prisoners, serving less than four years, are released automatically after serving 30% of their sentence, down from 40%. People serving sentences for sexual offences or domestic abuse offences are still released at the halfway point. Most short-term releases are unconditional, although some prisoners are released on licence. Long-term prisoners, serving four years or more, can be released on parole licence from halfway if the Parole Board for Scotland recommends it. Otherwise, for sentences imposed since February 2016, they are released on licence six months before the end.
What happens if someone breaks their licence conditions?
A person released on licence must follow its conditions, such as keeping in touch with a supervising social worker, living at an approved address or staying out of certain areas. If they break the conditions, or their behaviour causes concern, their licence can be revoked and they can be recalled to prison, with the Parole Board for Scotland reviewing the recall. Since 1 August 2026, the Parole Board and the Scottish Ministers must consider an exclusion zone condition where release may affect a victim's safety or wellbeing. Committing a new offence while on licence can also lead to a court ordering a return to prison.
Can a sentence be appealed or challenged as too lenient?
Yes. A convicted person can appeal against a sentence that is excessive or wrong in law: within one week of sentence in a summary case, to the Sheriff Appeal Court, or within two weeks in a solemn case, to the High Court. Leave to appeal is needed. The Crown can also appeal against a sentence it considers unduly lenient, normally within four weeks. The Lord Advocate brings these appeals in solemn cases and the procurator fiscal in summary cases. Victims and members of the public cannot appeal themselves, but they can ask the Crown Office and Procurator Fiscal Service to consider an appeal.
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How much off for a guilty plea? →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Scottish Sentencing Council: approved guidelines
- Criminal Procedure (Scotland) Act 1995, section 204 (restrictions on imprisonment)
- Criminal Procedure (Scotland) Act 1995, section 196 (sentence following guilty plea)
- Prisoners and Criminal Proceedings (Scotland) Act 1993, section 1 (release)
- Prisoners (Early Release) (Miscellaneous Amendment and Transitional Provisions) (Scotland) Regulations 2026
- Scottish Government: Short-term prisoner release, what the changes mean
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