Response 1042313035

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Approach to the guideline

1. Do you agree or disagree that that a principle-based approach to the guideline is the right approach?

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Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
Sentencing should primarily take account of the risk a person (regardless of age) presents to the public. Pleas in mitigation can and should provide sufficient information to the sentencing authority. If someone has not reached maturity by the age of 25 why are they allowed to marry, vote and serve in the military to name but a few, then there are mental capacity issues which need to be addressed by professional medical opinion.

Applicability

2. Do you agree or disagree that the guideline should apply to people under the age of 25?

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Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
Please see previous answer. This is designed to ease pressure on the sentancing system and has no regard whatsoever for the victim.

Applicability - Other age

3. If you disagree that the guideline should apply to people under the age of 25, at what age should the guideline cease to apply?

Please enter your response in whole numbers
18
Please provide any reasons for your answer:
Reasonable age of responsibility.

Principles and purposes of sentencing a young person

4. Do you agree or disagree that the relationship between this guideline and the ‘Principles and purposes of sentencing’ guideline is set out clearly?

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Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
Nowhere else n the guidline does the word “victim “ appear and ndicating a total disregard for victims of those “young people”

5. Do you agree or disagree that paragraph 7 of the guideline gives enough information about the factors that should be taken into account when sentencing a young person?

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Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
See above

6. If you do not agree that paragraph 7 of the guideline gives enough information about the factors that should be taken into account when sentencing a young person, what additional information should it provide?

Please provide any reasons for your answer, including any examples that you feel should be included:
See above

7. Do you agree or disagree that rehabilitation should be given greater emphasis than other purposes of sentencing in this guideline?

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Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
There is already sufficient emphasis on this factor.

8. Do you agree or disagree that rehabilitation should be a primary consideration when sentencing a young person?

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Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
See above

9. Which, if any, other purposes of sentencing should be emphasised in this guideline?

Please provide any other purposes and any reasons for your answer:
Effect on victims must be the primary consideration in sentancinf police. All other factors should be secondary to this.

Assessment of seriousness

10. Is the section on the assessment of seriousness helpful?

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Radio button: Unticked Yes
Radio button: Ticked No
Please give any reasons for your answer:
See previous answers

Identifying the most appropriate sentence

11. Do you agree or disagree that paragraph 13 of the guideline identifies the information which is of most relevance to sentencing a young person?

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Radio button: Unticked Agree
Radio button: Ticked Disagree

12. Do you agree or disagree with paragraph 14 of the guideline stating that cases should be referred to a children’s hearing for advice where it is competent to do so?

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Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
After age of 18 it is inappropriate to free a person to the Childres Hearing system

13. Do you agree or disagree with the proposed features of an appropriate sentence for a young person set out at paragraph 15 of the guideline?

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Radio button: Unticked Agree
Radio button: Ticked Disagree

14. Do you agree or disagree that the approach set out in paragraphs 17 and 18 of the guideline is appropriate?

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Radio button: Unticked Agree
Radio button: Ticked Disagree

15. Do you agree or disagree that judges should consider remitting each case to a children’s hearing for disposal, where it is competent to do so?

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Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
See earlier answer.

Potential impacts of the guideline

16. Do you think the guideline will influence sentencing practice in Scotland?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No

17. Do you agree or disagree that the guideline will increase public understanding of how sentencing decisions in respect of young people are made?

Please select one item
Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
Public perception will get to view this policy as another excuse not to properly deal with offending behaviour.

18. Do you agree or disagree that the guideline will increase public confidence in the sentencing of young people?

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Radio button: Unticked Agree
Radio button: Ticked Disagree
Please provide any reasons for your answer:
This will only serve to decrease the credibility in the Court system, where credibility is alfready at a significantly low level

19. Do you agree or disagree with the assessment of the specific, identified impacts the guideline is expected to have?

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Radio button: Unticked Agree
Radio button: Ticked Disagree

20. What benefits do you think will come from the introduction of this guideline, if any?

What benefits do you see arising from the introduction of this guideline, if any?
None whatsoever other than to reduce pressure on the prison of other supervisory processes. It will be used by the legal profession as a means to minimise criminal behaviour to the detriment of society.

21. What costs (financial or otherwise) do you think will come from the introduction of this guideline, if any?

What costs (financial or otherwise) do you see arising from the introduction of this guideline, if any
This will be seen as cost sacing, which I would suggest is the prime mover in these guidelines and will be seen as such by the public at large.

Further comments

22. Would you like to make any other comments about any matter arising from this consultation?

Q23) Would you like to make any other comments in relation to any matter arising from this consultation?
These guidelines are clearly created by out of touch professionals in the legal system who have neither genn a victim or otherwise affected by the activities of a small group of criminals. Why was the agof 2 chosen, why not 26 or 24. Where is the rational for the choice of age. When is some one to be regarded as 25, on their birthday of up to their 26th birthday. This appears arbitary and not borne out of any phsycoligical study. Ate age 25 I was married, had a child, was already in a managerial post, I emerged from a very much under privileged background. I received nor looked for any consideration but was taught responsibility and respect for others by my parents. I was a semi professional musician from the age of 16. I had little by way of educational qualification because the family finances demanded all adults in the household earned to support the home. All too often excuses are made for what is quite simply bad behaviour, a lack of grasping the nettle by successive Governments, and a weak Judicial system afraid to iose appropriate sentences for fear of criticism.. here is yet another erosion in what is acceptable conduct finding more excuses to do nothing.

Respondent information

23. Are you responding as an individual or an organisation?

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30. The Scottish Sentencing Council would like your permission to publish your consultation response. Please indicate your preference:

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