What sentence can be imposed?

A range of sentences can be imposed by the judge/sheriff.

  • An absolute discharge may be granted where it would be inappropriate to punish the accused, perhaps because of the circumstances of the crime, or the character of the accused
  • An admonition is a warning. A note is kept on the accused’s criminal record and will be taken into account if they stand accused again
  • An order to find caution requires the accused to pay money to the court as security for her/his good behaviour over a certain period. This can be for up to one year in the Sheriff Court. At the end of the period, if the accused has been of good behaviour he or she can apply to the court to have the money repaid
  • A fine is a sum of money paid by the accused to the court. It may be paid as a lump sum at the time of sentencing, or within a few weeks, or the accused may be allowed to pay the fine by instalments. If the accused fails to pay the fine he or she will be called to appear at a Fines Enquiry Court. He or she may be given more time to pay or he or she may be sentenced to a period of imprisonment as an alternative to paying the fine
  • Supervised attendance order– instead of serving a period of imprisonment for failing to pay a fine, the court may impose a supervised attendance order. This requires the accused to carry out constructive activities under supervision – such as unpaid work for between 10 and 100 hours, depending on the amount of the unpaid fine
  • Compensation – either in addition to, or instead of, most other sentences, the court may order the accused to pay compensation to their victims for loss or injury resulting from the crime. In fixing the amount, the court will consider the accused’s financial circumstances. This money is paid to the court, which then forwards the money to the victims
  • Probation order – which requires the accused to be under the supervision of a local authority officer for a fixed period of between six months and three years
  • Community service order – which requires the accused to undertake between 80 and 300 hours of unpaid work in the community, under the supervision of a social worker. This is a direct alternative to a period of imprisonment
  • Imprisonment – the type of court in which the trial was held determines the length of the period of imprisonment that may be imposed. If the accused is aged between 16 and 21, they will be detained in a Young Offenders Institution rather than a prison

Other penalties can be imposed. For example:

  • endorsement of the accused’s driving licence
  • disqualification from driving
  • forfeiture of property, e.g. weapons or tools used during the crime
  • forfeiture of money or goods acquired as a result of a crime
  • restriction of liberty (tagging) orders
  • drug treatment and testing orders
  • non-harassment orders
  • deportation