The Antigua and Barbuda government is examining a Canadian legal model that could allow Parliament to establish minimum sentences for serious crimes while preserving limited judicial discretion.

Prime Minister Gaston Browne said a member of the judiciary provided him with the Canadian framework as the government considers tougher penalties for firearm crimes and serious sexual offences.

Browne said the model could provide the “nuanced language” needed to set a sentencing floor without completely restricting the court’s discretion.

“My understanding is that you cannot totally fetter the discretion of the court,” Browne said.

The prime minister acknowledged that judges require some flexibility because they have access to the facts and circumstances of individual cases. However, he argued that the problem lies in what he described as the abuse of that discretion, resulting in disproportionately short sentences.

“The issue is not whether or not they should have some level of discretion,” Browne said. “The issue is the abuse of that discretion, which is undermining not only public confidence in the judiciary but also undermining public safety.”

The government is considering minimum penalties primarily for repeat offenders convicted of serious firearm crimes and sexual offences. Browne previously suggested that judges who impose sentences below the statutory minimum could be required to explain their reasons.

He said the government intends to address the sentencing issues within weeks.

This article was originally published by Antigua News Room. Read the original article here: Antigua and Barbuda Examining Canadian Model for Minimum Sentences.