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FALKLAND ISLANDS GOVERNMENT

PUBLIC SERVICE ANNOUNCEMENT

25 May 2021

Criminal Justice Council publishes Overarching Sentencing Guideline

The Criminal Justice Council published a new Overarching Sentencing Guideline. The purpose of the Guideline is to provide a framework to assist sentencing decision-makers in the Falkland Islands, to identify the general principles that are relevant to determining an appropriate sentence, and to guide them as to how individual issues should be considered during the sentencing exercise.

The Guideline includes topics such as:

  • Reduction in sentence for guilty plea;
  • Cases involving domestic abuse;
  • Sentencing offenders who are short term visitors;
  • Factors which are relevant when sentencing young people or those with particular vulnerabilities.

The Guideline aims to provide greater clarity in relation to sentencing and to promote a consistent approach.

The Criminal Justice Council has developed the guideline using the knowledge and experience of its members as well as drawing upon sentencing guidelines and practices in other jurisdictions. Legal practitioners and members of the judiciary from outside of the Falkland Islands provided helpful assistance and members of the public were invited to take part in workshops where the Guideline was tested to ensure that it is as easy to understand and use as possible. The Criminal Justice Council would like to thank the members of the public and members of the profession who responded to, and participated, in the consultation and workshop process.

The Overarching Sentencing Guideline is used in conjunction with Offence Specific Guidelines published by the Sentencing Council (England and Wales) which set out starting points and sentencing ranges for specific criminal offences.

The Overarching Sentencing Guideline came into force on 30 April 2021 and will continue to be applied in all sentencing hearings after this date.

The Overarching Sentencing Guideline can be found here: https://www.courts.gov.fk/committees/sentencing-guidelines-committee/overarching-guideline

Offence Specific Guidelines can be found here: https://www.sentencingcouncil.org.uk/

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