Judiciary Sets Sentencing Guidelines for Magistrates
The Hon. Chief Justice Hon. Justice Bart Katureebe speaking at the inauguration of the Sentencing Guidelines Committe
KAMPALA. Scenarios of having different court sentences for the same offence committed under similar circumstances will soon be history. This follows a consultative meeting where draft sentencing guidelines for non-capital offences were presented. The meeting which also doubled as the inauguration of the Sentencing Guidelines Committee was launched by the Chief Justice, Hon. Justice Bart Magunda Katureebe in Kampala on Friday October 14,2016.
A committee chaired by the Principal Judge,Hon. Justice Dr. Yorokamu Bamwine embarked on a process of reviewing non-capital offenses’ sentencing guidelines before they are adopted by Courts.
At the commissioning of the 17-member committee, the Chief Justice said it should find a way of reducing disparities in sentencing where some judicial officers abuse their discretion.
He said, “we are currently focusing on sentencing guidelines and not sentencing rules. Sentencing guidelines are not intended to override the discretion of the judicial officer. They should not trammel the Judicial officer, because there will always be cases when the interests of justice demand some degree of flexibility.”
Uganda was the first African country to develop sentencing guidelines in 2013 when guidelines were made for the High Court to avoid wide disparity in sentences.
Currently, Magistrates enjoy wide discretion in sentencing convicts. The Chief Justice said instituting sentencing guidelines in all lower courts will go a long way in building public trust."It is, therefore, important that sentencing guidelines are developed and routinely reviewed so as to assist in the proper determination of sentences within the criminal justice system, to promote consistency in sentencing and to make the reasons for particular sentences more transparent," he said.
Principal Judge, Hon. Justice Dr. Yorokamu Bamwine warned Magistrates to stop sentencing convicts basing on 'moods.'"There should be a logical way of arriving at these sentences," he said. "You should write down reasons why you have given a person a particular sentence." Hon. Justice Dr. Bamwine clarified that the guidelines are going to affect non-capital offences such as theft, child neglect, arson and all offences triable in Magistrates' courts.
Posted 18th, October 2016
