In Scottish law,what is the difference between a “discretionary”life sentence and a “mandatory” life sentence?
A mandatory life sentence is one where the law provides no other option as to the sentence that can be imposed. A discretionary life sentence is one where the judge can impose a sentence up to and including life. Both are subject to a tariff arrangement, indicating the earliest date on which the person may be eligible for parole but, equally, both may spend the rest of their life behind bars.
