Cabinet Approves Legislation to Give Prosecution Right to Appeal Sentences

Legislation is coming, which will grant a limited right of appeal to the prosecution in cases where the sentence is deemed inadequate or unduly lenient.

The legislation, for which Cabinet has approved the issuing of drafting instructions, will also include cases where the court did not have the power in law to pass the sentence.

Minister with responsibility for Information, Senator the Hon. Sandrea Falconer, made the disclosure while addressing the Jamaica House Media Briefing at the Office of the Prime Minister on February 26.

She said that in determining whether to allow the prosecution to appeal against a sentence, the Court of Appeal should be satisfied that there is “something seriously or manifestly wrong with the sentence imposed by the trial judge, in that, it is materially less than the generally expected and accepted level of sentencing for the offence committed.”

She informed that this will take into account, any sentencing guidelines applicable to the offence, and the circumstances surrounding the particular offence.

The Minister further added that upon hearing the appeal, the Court of Appeal may quash any sentence passed on the accused in the court below, and in place of it, pass such sentence as they think appropriate for the case (being a sentence which the court below had the power to pass), or affirm the sentence and dismiss the appeal.