The Acting Director of Prosecutions, Nancy Tikoisuva, clarified that prosecutors are not in a position to recommend penalties for drug offenders. Instead, their role is to provide context based on penalties imposed in previous cases. She emphasized that the law regarding sentencing is well established, and prosecutors must rely on these historical precedents when discussing penalties.
Tikoisuva highlighted the challenges faced with new laws, noting that when legislation is new, it can be difficult to establish appropriate tariffs. In such cases, prosecutors may consult Parliamentary records to understand government intentions and establish benchmarks for sentencing. However, it ultimately falls to the courts to interpret the law and considering the rights of the accused alongside the severity of the offense.
In essence, prosecutors can suggest general guidelines for sentencing, but they cannot dictate specific penalties, as the court must maintain a balance between the rights of the defense and the need for community protection. Tikoisuva reiterated that while harsher penalties may be suggested for deterrence and public safety, the final decision rests with the judiciary.
This structure is vital for ensuring justice and fairness in the legal system. It fosters a balanced approach in penalizing offenders while safeguarding their rights, a fundamental aspect of any democratic society.
As legal interpretations continue to evolve, there remains hope that clarity in the law will lead to a more effective justice system, ultimately benefiting both the community and those who encounter it.
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