Amendments Nos. 2, 31 and 32 deal with the ability of the court to take into account a plea of guilty, and the stage in proceedings and circumstances in which it is made, in determining what sentence to pass under clauses 1 and 2.

What is now section 196 of the Criminal Procedure (Scotland) Act 1995 makes it clear that the court is able to take into account a plea of guilty in determining what sentence to pass on, or other disposal or order to make in relation to an offender. That operates as a disincentive to postponing a guilty plea until the day of the trial, to the great inconvenience of witnesses, police and jurors. It also acknowledges the possibility that a guilty plea may be regarded as a mitigating factor in sentencing, because it may imply an acceptance of responsibility and contrition on the part of the offender and may spare the victim and other witnesses from having to give evidence.

On further consideration, it appears that the provisions of section 196 of the 1995 Act may not apply to sentences imposed under clauses 1 and 2 as drafted. Although those clauses provide for automatic life and mandatory minimum sentences, there is no reason in our view why the court should not be able to take into account a guilty plea where those sentences would apply on conviction. The amendments would ensure that that is possible.