PM says OECS Judicial Sentencing Guidelines are a Progressive Step for Justice!

AT Monday’s Opening of the Annual OECS Judicial Conference, Prime Minister Allen Chastanet called the development of Sentencing Guidelines a progressive step for justice.

The conference, an initiative of the Judicial Education Institute (JEI) of the Eastern Caribbean Supreme Court (ECSC), has been taking place here from Monday to Friday (23rd to 27th July) with a focus on the implementation of Sentencing Guidelines in September 2018 and training on Intellectual Property.

Sentencing Guidelines are principles which set out the way for judges and magistrates to consider the seriousness of a particular offence and to determine on the appropriate sentence in each case.

Addressing the gathering of magistrates and judges, Prime Minister Chastanet expressed that sentencing is perhaps the most solemn function of a trial judge or magistrate. He therefore encouraged flexibility, while adding that this also demands consistency and transparency.

“I endorse the comment that every crime and every offender is different,” the Prime Minister stated.

“No two cases are ever the same, but the way a judge or magistrate decides the sentence is the same in all cases.

“It is for this reason that our Constitutions require flexibility in sentencing by granting to judges options in determining sentence so as to do justice in every case. This is why the modern trend is to devise sentencing guidelines to assist judges and magistrates with their task.

The Prime Minister advocated for restorative justice “where the harm to society and to the victim is central to sentencing consideration, and not to the old tradition of punishing the offender to the exclusion of all else.

“Sentencing should not be mainly about punishment and vengeance. It should also be about admonition and correction.”

He also raised the question of whether sentencing was serving society.

Prime Minister Chastanet thanked the Chief Justice of the Eastern Caribbean Supreme Court (ECSC) Dame Janice M. Pereira and all who had contributed to the guidelines.

“We are confident that they will seriously contribute to improving the administration of criminal justice in the Eastern Caribbean by reducing unlawful sentences and avoiding costly appeals . . .

“I believe it is important that we not only adopt these sentencing guidelines but also monitor the results.”

As he closed, the Prime Minister assured the audience of the Government of Saint Lucia’s full commitment to the judiciary and to improving justice in Saint Lucia. (GOSL)