‘Interesting Solution, Not Entirely Problem Free’
Considering sentencing discounts of up to 30% in “applicable cases where the defendant enters an early guilty plea is certainly an interesting solution” as an “early and unequivocal guilty plea by a defendant benefits society as whole and our justice system,” however it “is not entirely problem free,” OBA MP Scott Pearman said.
This follows after a notice detailed a “temporary policy of sentence discounts on guilty pleas” which is “intended to assist in the clearing of the backlog” and states that the “Court will strongly consider applying an additional sentencing discount of up to 30% in cases” where people “unequivocally accept their guilt in pleading guilty.”
The sentence discount does not apply to a range of very serious charges including convictions for murder, attempted murder, using/possessing a firearm, sexual or violent offences against young persons or child victims, child pornography or serious sexual assaults.
Mr Pearman — the Shadow Minister for Home Affairs & Legal Affairs — said, “The announcement by the Supreme Court that sentencing discounts of up to 30% will be strongly considered in applicable cases where the defendant enters an early guilty plea is certainly an interesting solution.
“An early and unequivocal guilty plea by a defendant benefits society as whole, and our justice system in particular. Early admissions of guilt expedite a just outcome. Considerable time and cost will be saved.
“However, this interesting solution to reduce court backlog is not entirely problem free. The Court has said that any discount will only be considered for applicable cases where the Department of Public Prosecutions determines a reduced sentence appropriate.
“Discounts in sentencing will not be considered for more obvious offences: murder; sexual offences; firearm offences; pornography. But what other offences are appropriate for a reduced sentence?
“Sometimes offences that may be perceived by some as ‘minor’ are nonetheless well deserving of condemnation. Offences by those in a position of trust, or by public officials, come to mind.
“Additionally, the risk that an extra discount might convert an immediate custodial sentence into a non-custodial sentence is troubling. Those who merit custodial sentences should get one – they should not escape custody merely because a discount is applied to unclog the system. We cannot be so busy that justice is not done.
“If an additional judge is needed to clear the current backlog, then a judge should be appointed – even if only temporarily.
“If the problem is lack of revenue, the OBA has for several years been advocating that increased revenue should be generated by implementing a graduated fee structure in the Commercial Court, with court fees linked to the value of the claim. This has long been done in the UK and could easily be done here.
“To reiterate, it’s right that this backlog is being publicly recognised. And this solution is a bold step by the Court. Particularly if guilty defendants are persuaded to make early and unequivocal admissions of guilt.
“However, we must be extremely careful that any sentencing discount does not excuse a custodial sentence when custody is deserved. It is a timeworn maxim of the courts: justice must not only be done, justice must be seen to be done.”
What has OBA thinking that q
What has OBA thinking that they are in the driver’s seat concerning the next election?
The horror that they imposed on black Bermudians: the airport(no democratic approach used to bring about chance at the old civil air terminal); same sex marriages, pepper spray, Morgan’s Point…the list goes on.
Bob Richards’ comment: Seniors must think that “money grows on trees”!!
Purely sickening!!!
So because our courts can’t figure out how other countries “keep up,” people who do shiddy things and admit doing these shiddy things get rewarded with less punishment? Whole lotta people who plead guilty prior to this gonna want their reward too.
Westgate – you guys listening?