Thesis

The nature and extent of sentence discounting for guilty pleas in Scotland

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Awarding institution
  • University of Strathclyde
Date of award
  • 2013
Thesis identifier
  • T13675
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Abstract
  • This thesis explores the nature and extent of Sentence Discounting in Scotland. The nature of Sentence Discounting is explored in Part One, firstly, by analysing the rationales for Sentence Discounting. There are three main rationales, however, all are found to be limited. Given this, Part One then explores the objections to Sentence Discounting, and whether Sentence Discounting is unjust. Part One concludes that, the weak rationales and the strong objections mean, Sentence Discounting is unjust. Part Two, explores the extent of Sentence Discounting. This begins by, assessing what the extent of Sentence Discounting should, be based on the law. Although the law is uncertain, it suggests discounts could be expected in most cases. Following this, Part Two analyses the existing research on Sentence Discounting in Scotland. While there is limited research, it appears possible that Sentence 'Discounting' is not real, and that headline sentences could be increased to negate any stated discounts. Consequently, Part Two concludes there is potentially a gap between the law and the empirical reality. Part Three explores why Sentence Discounting may be limited. First, the uncertainty in the law is drawn upon to analyse how Sentence Discounting could be affected by limitations in legal actors' knowledge and understanding of the law. Next, considering the normative objections discussed in Part One, it is questioned whether legal actors resist Sentence Discounting. Part Three concludes that both these factors could explain the potentially limited extent of Sentence Discounting. The thesis concludes that the nature of Sentence Discounting is complex, and that (on balance) it is unjust. It also concludes that genuine Sentence Discounting may not exist in Scotland. This means that, accused persons may be foregoing their right to trial, in the expectation of a discount that does not materialise. This has significant implications for law, justice, and policy.
Resource Type
DOI
Date Created
  • 2013
Former identifier
  • 1027027

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