The Eastern Caribbean Supreme Court (ECSC) has released guidelines for sentencing criminal offenders across its eight member states. The sentencing guidelines were publicized live from Antigua and Barbuda after four years of intense preparations. The judicial guidelines will aid court judges in sentencing offenders according to the discretion of the judicial officers.
The guidelines centered on rape, unlawful sexual intercourse, robbery, theft and drug offenses. Iain Morley, co-chair of the ECSC Sentencing Advisory Committee, said the guidelines will become operative very soon. He said at least 10 more offenses will be added to the guidelines by Easter next year. The new additions are –
- Incest
- Murder
- Manslaughter
- Indecent assault
- Serious indecent assault
- Burglary
- Grievous bodily harm with intent
- Grievous bodily harm without intent
- Actual bodily harm
- Fraud and corruption
Chief Justice of the ECSC, Dame Janice Pereira, revealed the guidelines will go into effect by October 1 this year. She said the purpose of the guidelines is to achieve consistency and uniformity in the way offenders are sentenced in law courts. She added that the sentencing model must be clearly understood by victims, offenders and the public at large in order to maintain public confidence in the administration of justice.
“Sentencing of an offender is an extremely serious matter, and an awesome responsibility on the shoulders of any judicial officer in seeking to ensure that the sentence he or she passes is fair and just,” CJ Dame Janice Pereira stated.
Pereira said judges will be free to apply individual discretions while using the guidelines, saying they can only deviate from this if it is in the interests of justice. Judges must also be able to supply valid reasons if they deviate from the guidelines while handing out sentences.
The ECSC sentencing guidelines for each of the eight countries in the region as well as the applicable rules will be published on ECSC website. To this end, Pereira tasked judges to be fully acquainted with the guidelines and rules and practice directions with a view to administring them the accepted way.
“As with any rule or practice, direction or guideline, they (the sentencing guidelines) will be monitored for fairness and effectiveness, and where necessary, over time, will be subject to review and revision,” Pereira disclosed.
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