Restricting the guilty plea discount for offences of particular gravity: the decision in Miller v HM Advocate

In Miller (Andrew George) v HM Advocate [2024] HCJAC 3, the appeal court (a bench of three judges chaired by the Lord Justice General) considered an appeal against an extended sentence of 28 years imposed on the appellant following his pleas of guilty to abducting and sexually assaulting an 11 year old girl. In the course of its opinion, the appeal court considered the test for the imposition of an Order for Lifelong Restriction, and provided certain guidance for judges and sheriffs in respect of the drafting of reports to the appeal court in appeals against sentence. Most importantly, the court in Miller followed certain earlier authorities in holding that a discount for a plea of guilty under s.196 of the Criminal Procedure (Scotland) Act 1995 can be restricted in cases involving crimes of particular gravity.