Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Sentencing guidelines must be followed – Judge
Justice Esco Henry
Front Page
September 20, 2019

Sentencing guidelines must be followed – Judge

Sentences handed down by judges and magistrates are guided by a set of sentencing guidelines which are clearly thought out by the Eastern Caribbean Supreme Court (ECSC).

But, despite the fact that these guidelines are available to the public online and other places, the judiciary continues to be bombarded by criticisms from the public, some of them defamatory.

“We would have heard the criticisms of the sentences imposed in some of the courts so the primary objective behind the launch of the guidelines is to seek to continue to restore public confidence in the transparency and consistency of judicial approach to sentencing,” Justice Esco Henry told persons last week at the National Insurance Services (NIS) conference room during a workshop.

The workshop was being held to inform persons about the Eastern Caribbean Supreme Court (ECSC) 2019 and the role these guidelines play in sentencing.

The Judge said that despite what persons say, the guidelines should be applied in all cases unless to do so would be contrary to the interest of justice.

She however noted that the reasons and procedures for the sentence must be explained by the judge involved, including in instances where a guideline is not followed.

If a guideline is not followed, reasoning and rationale behind that departure should be given.

“The guidelines seek to ensure that sentences in our jurisdictions are structured, well reasoned and published and this will no doubt lead to a better understanding among our publics of the principles of practice of sentencing,” Justice Henry noted.

She added that in any democratic society the rule of law is the cornerstone of establishment and maintenance of law and order.

“Part of the constituent elements of the rule of law is that there must be restrictions on the arbitrary exercise of power from whatever source even from judicial officers who are carrying out their functions in their role on the bench,” the judge told the room of lawyers, law practitioners and journalists.

She said that you restrict power, but subordinating those powers to well defined and established laws.

“The sentencing guidelines are going to be implemented by statutory instruments in all of the members states and territories served by Eastern Caribbean Supreme Court so they will have the force of law and it means that all judicial officers who are charged with enforcing them must give effect to them, must comply with those guidelines,” Justice Henry stressed while

noting that the guidelines must be adhered to by the High Court and the Magistrate Courts as the ECSC has taken the bold step to introduce them.

She noted also that the public should know the guidelines require that the judicial officers always give reasons for the sentences that they arrive at.

“They are mandated pursuant to the guidelines to explain clearly in their decisions to the process by which they arrive at the sentences,” she noted while adding that in a lot of cases, the sentencing decisions are posted online.

“Very importantly, the objective is not to achieve inequality across jurisdictions and even in respect of offences you will also hear the guidelines are not intended to erode the discretion of a judicial officer, in fact, it is critical that the discretion of judicial officers be maintained as part of this process,” noted the learned judge who added that defence counsels have a duty to inform clients about the guidelines.

The workshop also heard from Justice Brian Cottle.

Justice Cottle said that in relation to the criticisms, while persons say certain things, the court must be prepared to listen to and accept that persons are entitled to their opinions.

“But what we ask is that those opinions, those comments, those criticisms be informed and fair and we would listen,” said Justice Cottle who stressed that judges are not perfect.

  • FacebookComments
  • ALSO IN THE NEWS
    Digital-driven Healthcare Transformation: A new chapter of holistic care in Taiwan
    Press Release
    Digital-driven Healthcare Transformation: A new chapter of holistic care in Taiwan
    Jada 
    June 24, 2026
    by: Dr. Chung-Liang Shih Minister of Health and Welfare, Taiwan As the world confronts the challenges of population ageing and healthcare workforce sh...
    Richland Park SDA leads pack in outstanding CPEA results
    Press Release
    Richland Park SDA leads pack in outstanding CPEA results
    Jada 
    June 23, 2026
    Draádon Ackie of Richland Park SDA Primary School has secured the top spot in this year’s Caribbean Primary Exit Assessment (CPEA), as the national pa...
    SVG pays last respects to late social activist
    Front Page
    SVG pays last respects to late social activist
    Webmaster 
    June 23, 2026
    THE WIDOW of the late veteran, social activist, journalist and Searchlight columnist Renwick ‘Kamara’ Rose paid homage to him, indicating to a full Ki...
    Richland Park SDA Primary student tops CPEA
    Front Page
    Richland Park SDA Primary student tops CPEA
    Webmaster 
    June 23, 2026
    THE ENTIRE ASSEMBLY of the Richland Park Seventh Day Adventist Primary School was in very high spirits yesterday, June 22, 2026 as they celebrated the...
    SVGOC President urges the upholding of Olympic values
    Front Page
    SVGOC President urges the upholding of Olympic values
    Webmaster 
    June 23, 2026
    TODAY, JUNE 23, 2026, the St Vincent and the Grenadines Olympic Committee (SVGOC) and by extension, the nation of St Vincent and the Grenadines will j...
    Team Athletics SVG pays homage to fathers
    Sports
    Team Athletics SVG pays homage to fathers
    Webmaster 
    June 23, 2026
    A 50-METER RACE held on Sunday, June 21, 2026, in honour of fathers present at the Diamond Track Facility, was one way that Team Athletics SVG paid ho...
    News
    Two times unsuccessful Common Entrance student inspires graduating class of Kingstown Government School
    News
    Two times unsuccessful Common Entrance student inspires graduating class of Kingstown Government School
    Webmaster 
    June 23, 2026
    A FORMER STUDENT of the Kingstown Government School (KGS) who twice failed to pass the Common Entrance Examination, returned as the featured speaker a...
    Police investigate Grenville Street road incident
    News
    Police investigate Grenville Street road incident
    Webmaster 
    June 23, 2026
    THE TRAFFIC DEPARTMENT of the Royal St.Vincent and the Grenadines Police Force (RSVGPF) said they are investigating a serious road traffic accident th...
    PM Friday hands over OECS Chairmanship to Antigua and Barbuda’s Gaston Browne
    News
    PM Friday hands over OECS Chairmanship to Antigua and Barbuda’s Gaston Browne
    Webmaster 
    June 23, 2026
    PRIME MINISTER Dr Godwin Friday passed the Chairman’s baton of the Organisation of Eastern Caribbean States (OECS) Authority to Prime Minister Gaston ...
    Chateaubelair Fisheries Centre gets $3.8 million upgrade
    News
    Chateaubelair Fisheries Centre gets $3.8 million upgrade
    Webmaster 
    June 23, 2026
    RENOVATION WORK IS now underway at the Chateaubelair Fisheries Centre as efforts are being made to restore and upgrade the facility after years of aba...
    Ragga Soca finalists tune up for big show down
    News
    Ragga Soca finalists tune up for big show down
    Webmaster 
    June 19, 2026
    ON SUNDAY, JUNE 14, 2026, the night of the Bid Bad Ragga Soca Monarch, don’t think you are seeing doubles if you see some artistes appearing on stage ...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok