Overarching Sentencing Guideline
The Sentencing Guidelines Committee has developed an Overarching Sentencing Guideline for the Falkland Islands. The Overarching Sentencing Guideline will be used together with offence specific guidelines. Offence specific guidelines set out sentencing starting points and sentencing ranges for specific criminal offences.
The purpose of the Overarching Guideline is to assist sentencers in the Falkland Islands to identify general principles that are relevant to sentence and to guide them as to how the factors should be considered during the sentencing exercise. The Guideline covers topics such as reduction in sentence for plea, cases involving domestic abuse, how to approach sentencing offenders who are short term visitors and factors relevant when sentencing young people or those with particular vulnerabilities.
The objective of the Overarching Guideline is to promote consistency in sentencing and increase confidence in the criminal justice system by providing transparency for the public regarding the method by which sentences are decided.
The Overarching Guideline was approved by the Chief Justice on 30th April 2021.
Purposes of Sentencing
Section 477 of the Criminal Procedure and Evidence Ordinance 2014 set out the purposes of sentencing as below:
(1) A court dealing with an offender in respect of an offence must have regard to the following purposes of sentencing —
(a) the punishment of offenders;
(b) the reduction of crime (including its reduction by deterrence);
(c) the reform and rehabilitation of offenders;
(d) the protection of the public; and
(e) the making of reparation by offenders to persons affected by their offences.
The overarching sentencing guideline, coupled with the offence specific guidelines from England & Wales, seek to assist the judicary with acheiving the purposes of sentencing.
The whole guideline may be downloaded below;
Offence specific guidelines from England and Wales can be found here
You may also click on the below links to view, or download, sections of the document.
2.Stages of Sentencing (overview)
2.1 Stage One: Identifying Sentencing Guidelines
2.2 Stages Two to Four: Determining Offence Category...
2.3 Stage Five: Reduction in Sentence for Guilty Plea
2.4 Stage Six: Reduction - Bail Conditions (curfew)
2.6 Stage Eight: Ancillary Orders
5. Imposition of Community Orders
6. Imposition of Custodial Sentences
7. Differences in Maximum Sentence
8. Prevalence and Community Impact
9. Offences Taken Into Consideration
10. Offenders Leaving The Jurisdiction
12. Sentencing Offenders with Mental Disorders & Impairments
14. Annex One: General Principles Guideline
15. Annex Two: Examples Relating To Totality
16. Annex Three: Compensation Starting Points
17. Annex Four: Main Classes of Mental Disorders & Presenting Features