Sentencing Council guideline is a useful cross check in Scotland

摘要

In this legal casenote, we look at an appeal by ScottishPower Generation against the level of fine imposed by a sheriff for failures that led to serious injuries to an employee. The opinion1 of the three members of Scotland's supreme criminal court, the High Court of Justiciary (the "High Court" in this casenote), was delivered by Lord Carloway, the Lord Justice General (LJG), on 3 November 2016. The opinion (judgment) is significant because it considers: the extent to which Scottish courts should have regard to guidelines produced by the Sentencing Council of England and Wales (HSB 445 p.19)2, and concludes that although it is not binding, it provides a useful cross check; the relationship between an extensive list of appeals against fines imposed in Scottish courts and the guideline; and the level of fine that is appropriate in respect of breaches by a very large corporation.