ECSC invites public to give feedback on sentencing guidelines

The public is invited to give feedback on guidelines which have been drafted to achieve consistency of approach, not uniformity, in sentencing in the jurisdiction of the Eastern Caribbean Supreme Court (ECSC).

“The rule of law can only be maintained and strengthened by ensuring public confidence in the transparency and consistency of judicial approach.
One of the areas of greatest public interest and comment, sometimes uninformed, is sentencing,” a release posted on the ECSC website said.

Judges, masters and magistrates of the ECSC are required to give reasons for the sentences which they impose. In order to assist them in the process of considering and explaining sentences, a Sentencing Advisory Committee (‘SAC’) has been set up to draft guidelines which will be brought into effect following public consultation.

The release said in constructing a sentence, specific steps must be taken, which are set out in soon to be published Rules and Practice Directions.

“It is intended that the guidelines must be applied unless to do so would be contrary to the interests of justice. The reasoning process for any sentence must be given as well as for any decision not to follow a guideline,” the release said.

“It is not intended that the guidelines will replace the discretion of the individual judge, master or magistrate in determining the appropriate sentence within the applicable range. In the case of some offences, the application of the guidelines may alter sentencing practice. In the case of serious drug offences, it is intended to do so. The Chief Justice intends that structured and well-reasoned sentencing remarks will become normal practice and would encourage their publication. These remarks will build up a bank of authority to assist courts, students of law and the public to better understand the principles and practice of sentencing law,” the release said.

The public is invited to give feedback by visiting https://www.eccourts.org/consultation-questions-on-proposed-sentencing-guidelines/ and completing the form on the court’s website. The deadline to submit feedback is 6 pm on Friday, March 15, 2019. Questions may be posed by emailing: sac.consultations@eccourts.org 

A first set of guidelines will be published on April 2, 2019 on offences involving drugs, rape, unlawful sexual intercourse, theft, and robbery.