The Acting Director of Prosecutions, Nancy Tikoisuva, clarified that state prosecutors are not allowed to recommend specific penalties for drug offenders in court. Instead, she mentioned that they can refer to penalties imposed in past cases to guide their suggestions.
Tikoisuva emphasized the importance of established laws, noting that once laws are firmly established, the prosecution’s role is to communicate based on historical precedents. However, challenges arise when dealing with new laws, as suggesting new penalty tariffs can be complex. In such instances, prosecutors often refer to Parliamentary Hansards to understand the legislative intent behind the new laws, which can aid in proposing sentencing benchmarks.
She outlined a significant principle: prosecutors must not dictate sentences to the court. Their role is to provide guideline suggestions while respecting the judicial process, which balances the rights of the accused with the need for fair sentencing. Prosecutors typically advocate for stricter penalties as a means of community protection and deterrence; however, the ultimate decision rests with the court, which must consider all aspects of the case.
This approach underscores a commitment to a fair justice system where the rights of individuals and community safety are both prioritized.
The emphasis on referencing historical data and maintaining the balance within the judicial system could inspire confidence in the community that sentences will be applied consistently and fairly, reinforcing the integrity of the legal process.
In summary, the prosecution’s role is one of guidance rather than imposition, ensuring that while they strive for community safety, they do not compromise the accused’s rights in the pursuit of justice.
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