Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Thousands headback to school
    Front Page
    Thousands headback to school
    Webmaster 
    September 8, 2026
    THE MAJORITY of primary, secondary, and technical- vocational institutions across St Vincent and the Grenadines (SVG), officially reopened their doors...
    NDP benefitting from ULP ‘windfall’ – Opposition Leader
    Front Page
    NDP benefitting from ULP ‘windfall’ – Opposition Leader
    Webmaster 
    September 8, 2026
    LEADER OFTHE OPPOSITION Dr. Ralph Gonsalves said without certain “windfalls”, created by the Unity Labour Party (ULP) administration, the current gove...
    ‘Start swimming or sink like a spoon’ PM Friday warns
    Front Page
    ‘Start swimming or sink like a spoon’ PM Friday warns
    Webmaster 
    September 8, 2026
    PRIME MINISTER DR. GODWIN FRIDAY has warned that regional administrations must “start swimming or sink like a spoon,” as he called for a comprehensive...
    Questions on bail arise after known criminal is charged again
    Front Page
    Questions on bail arise after known criminal is charged again
    Webmaster 
    September 8, 2026
    QUESTIONS ARE AGAIN being raised about the granting of bail to people who have been charged with serious crimes. The recent discussions have been spur...
    Forty-five young people prepared to help bolster food security
    News
    Forty-five young people prepared to help bolster food security
    Webmaster 
    September 8, 2026
    ST.VINCENT ANDTHE Grenadines (SVG) took another step toward secure food systems when, on August 25, 2026 forty-five interns received certificates at t...
    From the Courts, News
    Labourer on theft and ammo charges return to court on September 22
    Webmaster 
    September 8, 2026
    A 30-YEAR-OLD labourer of Rillan Hill/Pole Yard who pleaded not guilty to multiple theft charges and illegal firearm and ammunition possession will re...
    News
    Forty-five young people prepared to help bolster food security
    News
    Forty-five young people prepared to help bolster food security
    Webmaster 
    September 8, 2026
    ST.VINCENT ANDTHE Grenadines (SVG) took another step toward secure food systems when, on August 25, 2026 forty-five interns received certificates at t...
    From the Courts, News
    Labourer on theft and ammo charges return to court on September 22
    Webmaster 
    September 8, 2026
    A 30-YEAR-OLD labourer of Rillan Hill/Pole Yard who pleaded not guilty to multiple theft charges and illegal firearm and ammunition possession will re...
    From the Courts, News
    Three charged with possessing items for use in commission of an offense
    Webmaster 
    September 8, 2026
    The Royal St Vincent and the Grenadines Police Force (RSVGPF) said in a release that on September 3, 2026, they arrested and charged Anthony Williams,...
    Hub Collective introduces Afrikan Batik to Bequia
    News
    Hub Collective introduces Afrikan Batik to Bequia
    Webmaster 
    September 8, 2026
    THE FIRST Bequia African Batik Intensive Programme, known as BABI, officially wrapped up five weeks of hands-on training with a graduation and open ho...
    Report wrongdoing by police – acting deputy COP
    News
    Report wrongdoing by police – acting deputy COP
    Webmaster 
    September 4, 2026
    COMMENTS of “nothing is done” when civilians report acts of wrong doing by members of the Royal St Vincent and the Grenadines Police Force (RSVGPF) ha...

    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