New national sentencing guidelines for rape have been formally approved by the High Court in Edinburgh.
The Scottish Sentencing Council’s two new guidelines – covering rape, and rape of a child under 13 – will come into force on 3rd March 2026.
They set out sentencing ranges for judges, all of which fall within long-term prison terms. The ranges reflect current practice confirmed in recent Appeal Court cases, with rape cases reaching up to 13 years in prison, and rape of a young child reaching up to 14 years. Options for extended sentences and Orders for Lifelong Restriction, the most severe form of sentence, are also included.
Approving the guidelines, the Lord Justice General, Lord Pentland, said they would help provide greater consistency and predictability in sentencing and improve public understanding of how decisions are reached.
He added that the Council – which operates independently of government – had shown “time, energy and thought” in developing the new approach.
Lord Beckett, the Lord Justice Clerk and chair of the Sentencing Council, said the offences covered were among the most serious before the courts, and that victims can often feel left in the dark about sentencing decisions.
He said the guidelines aim to give victims, court users and the wider public clearer information about how sentences are set, while helping judges determine appropriate penalties.
The final guidelines were amended after a public consultation earlier this year, including increases to some sentencing ranges. Specific mitigating factors were removed, with judges instead directed to the general list within the Council’s wider sentencing process guideline.
A new section explaining how non-harassment orders operate has also been added, along with clarity around issues such as psychological harm, trauma and abuse of trust.
The Council says the guidelines were developed using an evidence-based approach, including analysis of sentencing data and research into the experiences and views of victims.