Lack of confidence in Judiciary stems from inconsistent approaches to bail, sentencing – UNDP

A recent report by the United Nations Development Programme (UNDP), which assesses the judicial systems in nine Caribbean territories, has highlighted that the lack of trust and confidence in Guyana’s Judiciary has arisen from the inconsistent approaches to bail and sentencing.
“The length of time in completing civil and criminal cases also affects public perception whilst a lack of trust and confidence stems from inconsistent approaches to bail and sentencing as there are no sentencing and bail guidelines or legislation,” the report asserted.
The UNDP recommended sentencing guidelines and bench books for both Magistrates and High Court Judges.
“This is possible to achieve through a practice direction from the Chancellor and would not necessarily require legislative amendments. This would be particularly useful for High Court Judges who are rotated every three months and therefore, may not be as versed in the criminal practice as a dedicated Criminal Court Judge would be.”
It was also noted that the Bail Act could also assist in criminal justice as it would be able to streamline approaches in terms of those who are qualified for bail.
The report also outlined that the rules must also involve the Director of Public Prosecutions (DPP) actively managing cases from committal proceedings for a more efficient process.
During a judgement delivered in May last, in the case of a sexual offence from Guyana, the full bench of seven Judges of the Caribbean Court of Justice (CCJ) stressed the need for sentencing guidelines to be developed and published by the Judiciary of Guyana.
The regional Judges agreed that trial Judges of Guyana would benefit significantly from sentencing guidelines crafted, decided upon, and published by the Judiciary of Guyana.
“The publication of sentencing guidelines would undoubtedly play a key role in building public trust and confidence in the Judiciary of Guyana and in promoting the rule of law.”
Meanwhile, in May 2019, the Legal Affairs Ministry advertised that it was looking for a consultant to draft a Bail Act. The Bail Act will be aimed at bringing uniformity concerning the granting and refusal of bail. It is expected to bring some level of consistency.
According to the 2018 Improve Access to Justice in the Caribbean (IMPACT) report, countries without a Bail Act are Guyana, Grenada, Belize, St Vincent and the Grenadines and Montserrat, Dominica and Antigua and Barbuda. (G1)