Sentencing and Penal Policy Commission - call for evidence: analysis of responses
Independent analysis of responses to the call for evidence by the Sentencing and Penal Policy Commission.
Footnotes
1 Throughout this report, we have used the term ‘prison’ to cover all custodial sentences in prisons and young offenders institutions.
2 ‘Progression’ in relation to the justice system tends to refer to the structured movement through stages of the legal process or prison system to achieve a successful outcome.
3 Throughcare is used to provide services to people both during and after their sentence.
4 Throughout this report, we have used the term ‘prison’ to cover all custodial sentences in prisons and young offenders institutions.
5 Section 23D provides that bail is only to be granted in exceptional cases if the accused is being prosecuted under solemn procedure (used in more serious cases) for a violent, sexual or domestic abuse offence and has a previous conviction under solemn procedure for any such offence; or a drug trafficking offence and has a previous conviction under solemn procedure for such an offence. With the repeal of section 23D, the courts would instead simply apply the general rules for decisions on bail and remand which are used in other cases.
6 A behaviour programme for men convicted of domestic abuse offences and support services for their partners and children.
7 An online database providing free access to information on prison systems around the world to support evidence-based prison policy and practice.
8 A standard prosecution report (SPR) is a document prepared to inform the Crown Office and Procurator Fiscal Service of a crime that has been investigated, and to report an accused person charged with the commission of that crime. The SPR should provide the prosecutor with sufficient information to select the most appropriate disposal i.e. most appropriate way to proceed.
9 An undertaking to appear is a legally binding promise, often issued by the police in Scotland, where an accused person agrees to attend court on a specific date and time, and to abide by certain conditions until that appearance.
10 ‘Progression’ in relation to the justice system tends to refer to the structured movement through stages of the legal process or prison system to achieve a successful outcome.
11 Ultra vires refers to an act undertaken by a public body that is beyond its legal authority or powers.