The Acting Director of Prosecutions, Nancy Tikoisuva, clarified that State prosecutors are not in a position to dictate the penalties that courts impose on drug offenders. Instead, they can only reference penalties that have previously been applied in similar cases. She emphasized that the laws surrounding such penalties are well-defined and established.
Tikoisuva explained that challenges arise primarily with new legislation, where it becomes difficult to propose new sentencing tariffs. In such cases, prosecutors often refer to the Parliamentary Hansards to understand the intent behind the law and to establish sentencing benchmarks. This process ensures that the rights of the accused are taken into account, and an appropriate balance between those rights and community protection is maintained.
She reaffirmed the principle that the prosecution’s role is to offer guidelines rather than direct the court’s decision-making. While the prosecution may advocate for harsher penalties in the interest of community safety and deterrence, ultimately, it is up to the courts to decide the appropriate penalty based on all relevant factors.
This statement reinforces the legal framework surrounding sentencing and underscores the importance of maintaining judicial independence. It helps ensure that the justice system operates fairly while also protecting community interests. These principles are foundational in upholding the rule of law and ensuring fair treatment for all individuals in the legal process.
Ultimately, while prosecutors face limitations in their role, their focus on providing guidelines helps foster a balanced approach to justice. This commitment to both public safety and the rights of the accused is essential for a fair legal system.
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