Law Society responds to negative commentary on court sentencing
In the wake of pointed criticism directed at the courts system for the delivery of a suspended sentence in relation to a person found guilty of assaulting a police officer, Criminal Law Committee Co-Chairs Craig Caldicott and Tony Kerin penned a statement calling for critiques of the justice system to be fair, informed and respectful of the separation of the court from the State and Executive branches of government.
The authors outlined the function of the appeal profession in correcting judicial errors, explained the competing factors that the judge was legally required to weigh up in handing down a sentence, and gave an insight into the prosecution’s role in making sentencing submissions.
The article expressed disappointment in the public commentary that advocated for pressure to be applied to courts to modify sentencing practices, and highlighted the importance of informed reporting and public debate on the justice system.
Read: Courts should be open to criticism – but not undue pressure.