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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 has now reached the final draft stage.  The final draft has been approved by the Criminal Justice Council and developed through consultation with the judiciary, legal professionals and members of the public, through a workshop exercise.

The Overarching Guideline will now be submitted to the Chief Justice, who is the President of the Criminal Justice Council, for final approval.

There is a further opportunity for members of the public to comment on the final draft.  Any comments and feedback should be sent to This email address is being protected from spambots. You need JavaScript enabled to view it. by 12th March 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;

pdf     
Overarching Sentencing Guideline (Falkland Islands)
Created: Monday, 15 February 2021 10:14 | Size: 1.52 MB

 

 You may also click on the below links to view, or download, sections of the document.

1. Equal Treatment

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)

2.5 Stage Seven: Totality

2.6 Stage Eight: Ancillary Orders

3. Financial Penalties

4. Prosecution Costs

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

11. Domestic Abuse

12. Sentencing Offenders with Mental Disorders & Impairments

13. Children and Young People

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

 

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1. Equal Treatment
Created: Monday, 15 February 2021 11:33 | Size: 76.44 KB

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2. Stages of Sentencing (Overview)
Created: Monday, 15 February 2021 11:34 | Size: 107.18 KB

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2.1 Stage One: Identifying Sentencing Guidelines
Created: Monday, 15 February 2021 11:35 | Size: 671.57 KB

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2.2 Stages Two to Four: Determining Offence Category etc
Created: Monday, 15 February 2021 11:36 | Size: 109.69 KB

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2.3 Stage Five: Reduction in Sentence for Guilty Plea
Created: Monday, 15 February 2021 11:37 | Size: 124.31 KB

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2.4 Stage Six: Reduction - Bail Conditions (Curfew)
Created: Monday, 15 February 2021 11:38 | Size: 113.23 KB

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2.5 Stage Seven: Totality
Created: Monday, 15 February 2021 11:39 | Size: 116.82 KB

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2.6 Stage Eight: Ancillary Orders
Created: Monday, 15 February 2021 11:40 | Size: 147.39 KB

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3. Financial Penalties
Created: Monday, 15 February 2021 11:41 | Size: 109.59 KB

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4. Prosecution Costs
Created: Monday, 15 February 2021 11:42 | Size: 93.32 KB

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5. Imposition of Community Orders
Created: Monday, 15 February 2021 11:43 | Size: 95.54 KB

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6. Imposition of Custodial Sentences
Created: Monday, 15 February 2021 11:44 | Size: 117.28 KB

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7. Differences in Maximum Sentences
Created: Monday, 15 February 2021 11:45 | Size: 94.29 KB

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8. Prevalence and Community Impact
Created: Monday, 15 February 2021 11:45 | Size: 86.68 KB

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9. Offences Taken Into Consideration
Created: Monday, 15 February 2021 11:46 | Size: 88.65 KB

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10. Offenders Leaving The Jurisdiction
Created: Monday, 15 February 2021 11:47 | Size: 384.74 KB

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11. Domestic Abuse
Created: Monday, 15 February 2021 11:47 | Size: 96.41 KB

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12. Sentencing Offenders with Mental Disorders and Impairments
Created: Monday, 15 February 2021 11:48 | Size: 98.29 KB

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13. Children and Young People
Created: Monday, 15 February 2021 11:49 | Size: 139.83 KB

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14. Annex One: General Principles Guideline
Created: Monday, 15 February 2021 11:50 | Size: 574.74 KB

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15. Annex Two: Examples Relating to Totality
Created: Monday, 15 February 2021 11:51 | Size: 101.36 KB

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16. Annex Three: Compensation Starting Points
Created: Monday, 15 February 2021 11:51 | Size: 91.88 KB

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17. Annex Four: Main Classes of Mental Disorders and Presenting Features
Created: Monday, 15 February 2021 11:52 | Size: 113.98 KB