Parish court judges get sentencing guidelines
Published:Thursday | June 16, 2022 | 11:27 AM
Sentencing guidelines have been put in place for judges operating at parish courts.
The Judiciary says the guidelines, which take immediate effect, will assist in greater consistency in the punishment of persons convicted of crimes.
The document was launched at today's National Public Education Day Symposium staged at the Kingston and St Andrew Parish Court in Half-Way Tree, St Andrew.
It is geared towards streamlining the sentencing process across parish courts and creating a greater sense of uniformity in the possible sentences to be meted out to offenders who have been found guilty.
In a statement today, Chief Justice Bryan Sykes said the judiciary is pleased to have moved towards demystifying the process judges go through when an accused person is to be sentenced.
“This will give attorneys, their clients and indeed the public, a clear indication as to what the possible sentence could be based on the nature of the offence,” Sykes said.
In the past, criticisms have been levelled against the judiciary in relation to sentences handed down to persons who have been found guilty.
The judiciary says it is hoping that the sentencing guidelines will result in a greater understanding of the sentencing process and remove misconceptions.
“Understandably, members of the public take and ought to take an interest in how this important societal function is carried out by judges. It is, therefore, necessary for judges to indicate how and why a particular sentence was passed. The necessity to give reasons contributes to the rule of law,” Sykes said.
He further explained: “Giving reasons makes it easier to determine whether the judge has engaged in the appropriate thought processes and taken into consideration the necessary factors. It assures the defendant that he or she is not being treated as an abstraction and conveys to the victim that his or her tribulations are recognised and punished.”
Nonetheless, Sykes noted that variations are likely to occur with sentencing because sentences are determined by mitigating and aggravating circumstances that are unique to every case.
“These guidelines are just that – guidelines. They assist in the structure of one's thoughts and actions at the sentencing phase of a criminal trial. The punishment should be appropriate for the crime, the defendant, and circumstances. There is nothing wrong with departing from the guidelines where the judge sees fit. Departures should be clearly explained,” Sykes said.
At the same time, the chief justice asserted that there is a current imbalance in the approach to sentencing.
“It appears too preoccupied with the rights of the defendant and insufficiently concerned about the impact of the crime on the victim. Be reminded that no one is compelled to commit a crime: the commission of a crime is always a choice regardless of the defendant's circumstances,” he added.
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