Chief Justice highlights options for challenging mandatory minimum sentences

Chief Justice Bryan Sykes says public debate surrounding the Firearms Act should be informed by a full understanding of the legal provisions, arguing that convicted persons already have avenues to challenge mandatory minimum sentences in certain circumstances.

 

In an address at the 150th anniversary gala banquet of St Luke's Anglican Church in Kingston recently, Justice Sykes said, while mandatory minimum sentences remove the trial judge's discretion to impose a lesser sentence, the Court of Appeal retains the authority to reduce sentences where the prescribed minimum is found to be manifestly excessive and unjust.

 

He cited provisions under the Criminal Justice (Administration) Act which allow convicted persons to seek a review of their sentences by a Court of Appeal judge.

 

Justice Sykes also pointed to provisions under the Plea Negotiations and Agreements Act, which allow offenders to receive reduced sentences in exchange for providing information and assisting the prosecution.

 

He acknowledged, however, that the difference between sentences imposed after trial and those offered through plea agreements is important as a means of encouraging offenders to cooperate with the authorities.

 

That is a legitimate policy issue which Parliament should consider as it reviews the Firearms Act, he said.

 

The Chief Justice urged Jamaicans to ensure that discussions about the legislation take proper account of what the law actually provides, court rulings, and the remedies available to convicted persons.