Sentencing Guidelines Committee Formed

A Sentencing Guidelines Committee has been established, and the first phase will be to work on sentencing guidelines for offences such as drug offences, causing death by driving offences, bladed articles and assaults and the Committee will include public consultation.

A spokesperson said, “The Chief Justice of Bermuda Mr. Larry Mussenden is pleased to announce the establishment of a Sentencing Guidelines Committee, to be chaired by Mr. Justice Wolffe, to develop Sentencing Guidelines for Bermuda. The Committee held its first meeting on Tuesday 30 September 2025. His Excellency the Governor Mr. Andrew Murdoch CMG assisted in obtaining the support of the US-UK Criminal Justice Reform Project that assisted several Caribbean countries with developing sentencing guidelines.”

The Governor, who attended the first meeting, stated, “I fully support the Judiciary in their work to introduce Sentencing Guidelines in Bermuda. The Committee, chaired by Mr Justice Wolffe with representatives from across the criminal justice system, will be able to take into account successful practice elsewhere in developing Guidelines to meet the needs of Bermuda. It is important work and I thank all those involved for their commitment to this excellent initiative.”

A spokesperson added, “Sentencing Guidelines are documents which set out a way for Judges and Magistrates to consider the seriousness of a particular offence, and to decide on the appropriate sentence in each case. It is important that the sentence that is imposed on an offender reflects the crime that they have committed, the personal circumstances of the offender, and is proportionate to the seriousness of the offence. It is also important to ensure that the courts are consistent in their approach to sentencing for particular offences.

“By ensuring consistency, the sentencing process also becomes more transparent, as victims, the accused, lawyers, and the public can properly understand how a particular sentence has been reached. However, Sentencing Guidelines provide guidance only. They do not compel the court to impose a particular sentence, or specify the precise length of a sentence. The court is permitted to depart from the Sentencing Guidelines in an appropriate and justifiable case. Sentencing Guidelines therefore assist in maintaining the independence of the judiciary, and do not take away the discretion of the sentencing tribunal.

“There have been various approaches to Sentencing Guidelines in countries such as the UK, Barbados, Jamaica the Cayman Islands and the Eastern Caribbean Court. The work of the Committee will be to determine the best practices for Bermuda. It is anticipated that the first phase will be to work on sentencing guidelines for a short list of offences, such as drug offences, causing death by driving offences, bladed articles and assaults. The Committee will include public consultation before publication of Sentencing Guidelines. Further phases will include more offences until substantive Guidelines have been adopted, all which remain under ongoing review.”

Mr Justice Wolffe stated, :An immovable pillar of the criminal justice system is that those who are convicted of crimes can rest assured that any sentence which they receive for the offence which they committed will be in accordance with established legal principles and precedence. The formulation of and the eventual adherence to Sentencing Guidelines will provide further assurances to convicted persons, victims of crime, and the wider public that sentences meted out by the Courts will be consistent, and, will be proportionate to the gravity of the offence and the degree of responsibility of the offender.”

Mrs. Sirah Abraham, UK Criminal Justice Advisor to Barbados and the Eastern Caribbean, who presented to the first meeting along with her colleague Mrs. Dobson said “We commend the judiciary of Bermuda for taking this important step to create guidance for a uniformed approach to sentencing practice. This will ensure greater transparency and increase public confidence in the criminal justice system.”

Attorney General Kim Wilkerson, who attended the first meeting, stated, “This Committee’s work is of national importance. Every Bermudian, whether victim, defendant, family member or concerned citizen, has a stake in knowing that justice is balanced and outcomes are fair. Sentencing guidelines can provide that assurance while preserving judicial discretion. The Government fully respects judicial independence. The Committee’s deliberations will lead this process and we stand ready to provide any necessary support. For guidelines to succeed, they must be both well-designed and well-explained. That requires engagement with the Bar, civil society, and the wider community, so the public understands how this initiative will strengthen fairness, consistency and confidence in justice for all.”

A spokesperson added, “The members of the Sentencing Guidelines Committee, include representatives from various agencies involved in the criminal justice system. It also includes lay member Mr. Mark Wade, President of the Bermuda Football Association, an organisation whose membership includes a wide spectrum of the residents of Bermuda. The Committee discussed adding some other lay members. The current members are as follows:

• 1. Justice Wolffe – Chair
• 2. Justice Richards – Deputy Chair
• 3. Wor. Maxanne Anderson – Senior Magistrate
• 4. Wor. Sofianos – Magistrate
• 5. Daniel Kitson-Walters – Acting Senior Crown Counsel, Public Prosecutions
• 6. Sarah Tucker – Criminal Bar Member, Bermuda Bar Association
• 7. Susan Mulligan – Acting Senior Legal Aid Counsel, Legal Aid Department
• 8. Assistant Commissioner Antione Daniels, Insp. Fiona Miller, Bermuda Police Service
• 9. Derek Flood – Manager, Assessment and Treatment Unit, Court Services Department
• 10. Mark Wade – President, Bermuda Football Association

“The Committee will report on its progress in the New Year.”

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