The Act Commentary on Sections Part 4 - Sentencing Section 121: Sentencing ranges
576.In the case of offence specific guidelines, the Council is to have regard to the desirability of setting out the guidelines in the way described in section 121. The guidelines should, if reasonably practicable, divide the offence into levels of seriousness based on the offender’s culpability and/or the harm caused and any other particularly relevant factors. The guidelines should state the range of sentences appropriate for a court to impose for the offence. If the guidelines divide the offence into levels of seriousness, they should also state the range of sentences appropriate for a court to impose for offences at each level. The guidelines should also specify a starting point in the range or, if the guidelines divide the offence into levels of seriousness, a starting point for each level in the range. The starting point is the sentence the Council considers to be appropriate in a case where the offender has pleaded not guilty and before aggravating or mitigating factors are taken into account.
577.The guidelines should list any relevant aggravating and mitigating factors that are likely to apply to the offence and the relevant mitigating factors personal to an offender. The guidelines should also include criteria and guidance on the weight to be given to an offender’s previous convictions and other aggravating and mitigating circumstances where these are significant to the offence or the offender being sentenced.
578.The requirement to list mitigating circumstances personal to the offender does not apply to the requirements to take into account in sentencing an early guilty plea or the reduction in sentence for providing assistance (Queen’s evidence) or any rule of law as to reducing sentences under the totality principle. Section 120(3) already requires the Council to produce sentencing guidelines dealing with the first and last of these matters.
579.The provision made in accordance with this section may differ for different circumstances or cases involving the offence.