Temporary Sentence Discounts On Guilty Pleas

April 26, 2022

A notice has 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.

quotes supreme court apr 26 2022 bermuda

The notice said, “This Circular, issued by the Supervising Judge of the Criminal Division, the Hon. Mrs. Justice Shade Subair Williams, marks the introduction of a temporary policy of sentence discounts on guilty pleas. This is intended to assist in the clearing of the backlog of active indictable matters in the Supreme Court.

“It follows a period of consultation with the Director of Public Prosecutions, Ms. Cindy Clarke, in addition to senior practising members of the Criminal Bar and the Senior Legal Aid Counsel, Mrs. Susan Moore-Williams.

“The following policy statement applies to Accused persons awaiting sentence, having pleaded guilty to one or more charges on an Indictment. It also applies to any Accused person who enters [a] guilty plea[s] between the date of this Circular and Wednesday 3 August 2022.

“For Accused persons who know and unequivocally accept their guilt in pleading guilty to the charge[s] against them, the Court will strongly consider applying an additional sentencing discount of up to 30% in the cases where the Director of Public Prosecutions determines that it is appropriate to do so. [In some cases the additional discount may give rise to the passing of a sentence other than an immediate custodial sentence.]

“This policy is subject to the following exclusion: The additional sentencing discount shall not apply to any conviction for [an] offence[s] of:

  • [i] Premeditated murder, murder or attempted murder;
  • [ii] Using, possessing or carrying a firearm;
  • [ii] Sexual or violent offences against young persons or child victims;
  • [iv] Possessing, making or distributing Child Pornography or
  • [v] Serious Sexual Assaults

“Any Accused person wishing to enter [an] unequivocal guilty plea[s] should make contact with the Director of Public Prosecutions for her determination on whether the case in question qualifies under the policy and whether she deems it suitable for an additional discount of up to 30%.”

The full circular follows below [PDF here]:

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Comments (4)

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  1. puzzled says:

    There goes the neighborhood.
    Liberal?

  2. partyrockin says:

    Wow – you can’t make this up. Another brilliant 30–6 rule! Voters must be so proud! To the ignorant out there, many victims suffer well beyond the date of the crime or the court date, not just physically but also mentally. Many feel revictimized when they learn that the guilty have the bulk of their sentences eroded due to good behavior. Now we learn that even if they get the minimum sentence that too will be discounted by 30% even before they start! Meanwhile victims have no support while the F’N criminals have more rights, support from government, churches get meals, money and an education. meanwhile the victims are forgotten.

  3. Are you kidding me says:

    Can someone tell me what number to call please!…

  4. aceboy says:

    Banana Republic of Bermuda