Sentencing sex offenders and the Sentencing Young People guideline: a critical examination of the decision in CA v HM Advocate – Part 2: questions of appellate guidance and sentencing guidelines

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Abstract

In the second of a series of three articles on the decision in CA v HM Advocate [2024] HCJAC 29, which concerned the application of the Sentencing Young People guideline in a case involving historic child sexual abuse, the author questions the appeal court’s decision not to apply the relevant English guidelines as a cross-check on the sentence imposed and examines certain sentencing guidance from the Court of Appeal (Criminal Division).
Original languageEnglish
Pages (from-to)225-236
Number of pages12
JournalScots Law Times
Issue number35
Publication statusPublished - 2024

Keywords

  • appeals
  • court of appeal
  • culpability
  • custodial sentences
  • rape
  • Scotland
  • sentence length
  • sentencing guidelines
  • sexual activity with a child
  • undue leniency
  • young offenders

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