Foley On Sentencing, Justice, Costs & More
“A recent court case has raised serious concerns, not just about how we handle justice in Bermuda, but how we manage public money,” Opposition Senator Maurice Foley said.
Senator Foley said, “Earlier this month, a 23-year-old man pleaded guilty to ten traffic offences. The court imposed a fine of just over $4,600. Instead of paying it, he opted to serve six months in prison. Unfortunately, this is permitted under current sentencing laws.
“According to the latest Senate budget debate, the annual cost to incarcerate an inmate, based on maximum capacity is $77,368 for fiscal year 2024/25. If half that is required for a six-month sentence, the public foots a $38,684 bill—over eight times the $4,620 fine that was offered as an alternative.
“That works out to approximately $215 per day. Six months in prison will therefore cost the public nearly $40,000, all to penalize someone for infractions that could have been resolved with a fine or community-based accountability.
“At a time when our country is grappling with rising costs, strained government resources, and increasing calls for fiscal responsibility, this is unacceptable. It’s not just bad optics, it’s bad policy.
“And we are not without examples to follow.
“Other countries facing similar challenges have found smarter ways to deliver justice.
“In Jamaica, courts routinely issue community service orders for low-level, non-violent offences, requiring 40 to 480 hours of work that directly benefits the community, while avoiding the unnecessary cost of incarceration.
“Barbados, grappling with prison overcrowding, has shifted to assigning petty offenders to public duties such as beach cleanup and cultural support, providing visible accountability without burdening the state budget.
“Guyana has piloted Drug Treatment Courts that provide structured rehabilitation and monitoring, replacing jail time with recovery-focused alternatives. Antigua & Barbuda has expanded its use of probation and restorative justice, particularly for minor offences and juveniles.
“These examples reflect a shared understanding: justice should be proportional, rehabilitative, and economically sound.
“As an Opposition Senator, I am calling for a comprehensive review of Bermuda’s sentencing structure.
“Specifically:
- “Courts should assess a defendant’s ability to pay before offering incarceration as an alternative to fines.
- “Community service should be the default option for non-violent offences when fines are unaffordable.
- “We should establish a sentencing reform working group to recommend cost-effective, modernized approaches to justice.
- “And we must mandate annual public reporting on sentencing outcomes and their financial impact.
“This issue is not about going soft on crime. It’s about being smart on justice.
“Every dollar we waste on avoidable incarceration is a dollar not spent on education, youth development, public safety, or healthcare. Bermuda deserves a justice system that delivers both accountability and value.
“Let’s reform what’s broken. Let’s protect public funds. Let’s build a justice system that works, for everyone.”
WTFU people! The Police, the Courts, the Justice System and parents are no longer a deterrent for some people. What you gonna do BERMUDA??
I need to hear why a culprit guilty of speeding, drunk driving, hit and run with no license, and causing greivious bodily harm to another is given an “intermittent” prison sentence serving two nights a week. Has this ever been allowed before? why should she not have the book thrown at her? Why are so many serious cases including murder ending in aquittal? We allegedly have 30 unsolved murders, the DNA specialist scandal, the crown violating jury selection rules debacle and other appeals freeing convicted murderers on technicalities. We might as well close the police service, DPP, prisons and courts etc.
I agree with you also sage
Completely agree with you . There’s a lot of very unhappy people out there.
Sage, I agree also. A huge part of the problem is that the mindset of the lawyers themselves has shifted from ensuring that the defendant gets a fair trial to getting them off and having a great record at any cost!! We see so many lawyers after trials puffing their chests and speaking to the media after the trials. In many cases its not that they were innocent but instead that they were not found guilty! Very different! These lawyers must live with their decisions. I couldnt sleep kowing that I would cross paths with the parents of a child whose killer I got off!
I dont agree that we have 30 unsolved murders. Many of them were solved but lawyers get people off, knowing the truth and judges also dismiss cases so easily and for sily reasons. When the courts fail to provide justice and protect the victims and families, and instead focus on the rights of the criminals, people lose faith and sometimes decide to personally become judge jury and executioner.
Couldn’t agree more, especially with the questioning of the intermittent sentence.
I agree wholeheartedly
Now get the ball rolling
The OBA caucus should get together and come up with all the amendments they want made to the legislation and then present to the House once it resumes.
Just More Smoke and Mirrors. Lets talk the truth. They get the cost per prisoner by looking at the budget and operation costs of running the prison and all costs associate with it. Many of those costs are fixed and will not change very much if at all if tommorrow 50% of the prioners were released! If half the prisoners walked free tomorrow, would the cost per prisoner drop 50%? No! The ministers salary and every civil servants base slary working at the prisons will remain the same. The electricity, landscaping, building maintenance, vehicle mainenance, security system expenses will also not change very much. Yes, things like food, healthcare and other items will be less but if the prison population wa reduced by half tommorrow, the cost per prisoner would go up significatly because there are less people to spread the fixed costs over.
You want to reduce costs! Stop rewarding these guys and girls by giving them access to free college and university education on our dime when so many LAW ABIDING children have to go without. Stop giving them the food they desire and holiday themed meals like Christmas Turkey when so many law abiding people dont have three meals a day. Stop paying the extra for security and staff or overtime to allow prisoners to get vistors. They get AC when so many law abiding people have a fan!
It is sad that this person chose prison over paying a 4K fine but HE broke 10 laws and made the choice to do so. Tough! Mnister your answer is community service? I dont disagree entirely but if your reaoning is cost savings it does not add up. What do you think it would cost to have someone moniitor him and others to ensure they are doing community service? Nothing less than $500 per day in wags, plus transportationa , admin staff etc… This young man was fortunate to have been given a choice after 10 offences. He should have sold his bike , car, jewelery, got a job or second job and saved money before going court. Dont want to do the time- don’t do the craime.
Senator Foley, with all due respect please leave politics. We cant afford any more liberal, every kid gets a medal politicians tha want to be leaders. Laws arethere to protect everyone. Dont agree with them change them or leave but dont complain about the rules after you played the game and lost.
The problem is that many of these offenders have zero respect for the law. If you impose community service, what guarantee is there that they’ll even show up? These are the type of people that will only do something if absolutely forced to. It’ll still be a burden on the system chasing up after these people.
I agree with you that “many of these offenders have zero respect for the law”. Part of the reason for that is that the law has not been enforced consistently for several decades.
That’s the thing about justice ⚖️ it’s tricky. If we are to achieve a true justice we have to view it from all view points. If a person is to do community service to pay off fines, let’s consider why they got the fines in the first place. Unlicensed and uninsured are two fines that are a result of not paying a bill. If I am sentenced to community service to pay those fines then why can’t I do the community service to pay the bill so that I don’t get the fine in the first place? Will government keep those positions vacant just to be filled by offenders? Why not make those positions available day to day so that people can have the opportunity to not break the law? So now if a person commits an offence the judge can say “we have provided an avenue for you….”. Mr. Foley it’s not your fault you’ve grown to success in a world created from narcissist who had normalized narcissistic ideology. This system is set up to fail the poor, ignorant, and unattractive for so long we believe that exploitation is justifiable business. Mr. Foley justice is not just for those who count the money and make decisions. Bermuda can’t say to a person, I will make your living so hard that all you’ll be able to do is pay your bills or pay your fines.