Maximum and minimum sentences for some offences are given in law

The case of James Taylor - who was convicted of rape, indecency and possessing indecent images of children this week - may prompt an appeal over his "unduly lenient" sentence, at the behest of the Scottish Lord Advocate.

It will be his seventh such appeal this year.

Although the legal systems in Scotland and England differ, the sense of injustice among the public and campaign groups when sentences handed down by judges are deemed too lenient is universal.

No limits

Work is currently being done in all parts of the UK to bring more consistency in sentencing, but judges remain independent individuals who have the power to use discretion, based on the differing circumstances of each case.

Maximum and minimum sentences for some offences in the UK are set down by legislation.

In Scotland all other cases - including sexual offences such as rape - are heard under common law.

There are no upper or lower limits to guide the judge, although case law and previous appeal rulings on sentences will inform future cases.

Factors for the judge to consider The crime Intention and state of mind of offender Consequences of the crime Mitigation Guilty plea Remorse Previous "good character" Legislative and other guidelines Legal precedents

"It is entirely up to the court what they give as a sentence in those cases, from one day in prison to life, theoretically," said a spokeswoman for the Scottish Executive's Justice Department.

A spokesman for the country's most senior judge, Lord Cullen, said case law was most often used to inform a judge's decision.

Only this week the Scottish Executive announced the creation of a new Sentencing Commission for Scotland, to improve consistency and "public confidence in sentencing, in bail and in remand".

"We have no wish to undermine the legitimate role and rights of judges to pass sentences on the merits of the case, but the justice minister has made clear her commitment to establishing more consistency," added the spokeswoman.

Guidelines

The Lord Advocate, as head of Scotland's prosecution service, has the right to lodge appeals against sentences alleged to be "unduly lenient" but cannot contest the verdict passed down.

In England and Wales the same basic rules apply - that judges have the power to pass down the sentence they see fit - but less crimes are heard under common law.

But more guidelines are available through the Sentencing Advisory Panel (SAP) - the Scottish equivalent of the Sentencing Commission.

SAP advises the Court of Appeal on issuing guidance for specific areas, such as child pornography and rape.

It is not the function of the sentencing judge to attempt to construct an equation between the value of a human life and a period of months or years in custody Lord Bingham of Cornhill

Proposals on both crimes were put forward by SAP in 2002, and were adopted by the courts. It was their advice that brought 'acquaintance' and 'relationship' rape to the same level of seriousness as 'stranger rape'.

"The Court of Appeal has issued guidelines on most of the advice we give. Sometimes it requests the advice," said a spokeswoman for SAP.

In England and Wales it is the Attorney General who has the power, with the leave of the Court of Appeal, to try to increase "unduly lenient" sentences.

Grieving relatives

The powers for review only apply to certain offences, such as rape, robbery, and indecent assault.

The government is currently progressing the new Criminal Justice Bill through parliament, which aims to establish a new independent Sentencing Guidelines Council.

Three objectives of the Criminal Justice System Punish Deter Rehabilitate

Headed by the Lord Chief Justice, the body would promote consistency in sentencing, would consider the cost and effectiveness of different sentences and "promote public confidence in the criminal justice system".

The challenge for every judge in determining the right sentence is that there is rarely a typical offender, victim or set of circumstances.

In a speech to the Police Foundation in 1997, Lord Bingham of Cornhill - then Lord Chief Justice of England - said grieving relatives of a victim "unlawfully and tragically killed" often rail against the justice system for low sentences.

"Such feelings are understandable, and must attract sympathy. But they betray a basic misunderstanding. It is not the function of the sentencing judge to attempt to construct an equation between the value of a human life and a period of months or years in custody.

"The judge's task is to impose such punishment as is appropriate for the crime committed in all the circumstances."