Flannigan v Procurator Fiscal, Glasgow

Sentencing – Restriction of liberty order ('ROLO') – Revocation for breach – Credit to be given for days of compliance with order. Sheriff Appeal Court: Allowing an appeal against sentence by an appellant who pled guilty to charges of threatening or abusive behaviour and was made subject to a ROLO of 170 days' duration, and who subsequently admitted breaches of the order and was sentenced to 170 days' imprisonment, the court held that in applying s245G of the Criminal Procedure (Scotland) Act 1995 what was required was a qualitative assessment, and while it rejected an approach which sought to apply a directly proportionate discount, it considered that the sheriff in making his qualitative assessment failed to give sufficient account for the number of days when the appellant had complied with the order, and that the sentence should be reduced to 135 days' imprisonment.

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