THAT the punishment should always fit the crime is a fundamental principle of any criminal justice system.
But in Scotland at least, that principle is clashing with another cherished ideal – the freedom of sheriffs and judges to impose a sentence they feel is appropriate, given the circumstances of the crime.
This near-unfettered judicial discretion ha
s led to concern that sentencing has almost become a "postcode lottery". Serial offenders facing the dock always wish for a particular "soft" sheriff in the hope of avoiding prison for their latest crime spree.
Other sheriffs also develop a reputation for being particularly tough on certain crimes, such as drink-driving or assault. This only erodes public confidence in the justice system.
The Scotsman understands that ministers have now begun the first steps to ironing out these inconsistencies, with talks about to take place between government and sheriffs over the creation of a Sentencing Council that would issue punishment guidelines for particular crimes.
Kenny MacAskill, the justice secretary, is today expected to take advantage of this week's gathering of Commonwealth law ministers in Edinburgh to discuss the plan with his counterpart from New Zealand, which is developing its own sentencing council.
Discussions with sheriffs and judges are likely to be more problematic.
A government source told me ministers are actively considering ways to create more "consistent and transparent sentencing", but insisted "the fundamental principle of judicial discretion will remain at the core of the system".
However, that assurance will probably not prevent some figures on the bench from seeing this as an attempt to tie their hands.
The move may be controversial, but is not entirely unexpected.
The SNP mapped out plans for a sentencing council in its manifesto, and the move was last week recommended by the Scottish Prisons Commission.
This was also recommended in a report two years from the Scottish Sentencing Commission.
The report found "a significant body of anecdotal evidence" suggesting some sentencing was inconsistent.
One lawyer told The Scotsman: "Everyone knows when you go into court you can often see a sheriff give a substantially tougher sentence than the one in the next room."
The full article contains 364 words and appears in The Scotsman newspaper.
