Justice Minister explores review of sentencing for sexual crimes

The Gibraltar Government is exploring the potential for introducing stiffer sentences for serious offences including those of a sexual nature, according to Nigel Feetham, the Minister for Justice.

The exercise comes in the wake of a string of convictions for serious offences of this nature and public concern in some cases about the sentences imposed by the courts, which many believe are often not tough enough.

“The public is entitled to ask themselves the question, is it the right sentencing for the offence that has been committed for which people have been convicted?” Mr Feetham said.
“I have asked the same questions as the public has asked itself.”

But the exercise is a delicate one given the separation of powers under the Constitution, which guarantees the independence of the judiciary.

Judges in Gibraltar follow UK sentencing guidelines and judicial precedent when deciding how to deal with people convicted of serious offences.

While sentences in Gibraltar tend to mirror the approach in the UK in most cases, judicial discretion and local precedent also mean they need not be strictly identical.

“I’m looking at whether or not we can stiffen certain sentences, particularly sentencing for serious offences relating to sexual offences,” Mr Feetham said.

“We are following the UK sentencing guidelines and therefore the advice that I'm getting is that to move away from applying UK guidelines could have an impact on the way that judges make a decision, because if they don’t apply those guidelines, they don't have the benefit of UK judicial precedent, and that causes a disruption for the judiciary.”

“That's the advice that I'm getting.”

“But I'm saying, notwithstanding that advice, can we do an exercise in relation to this, as to whether or not we can move in this direction, and if we can’t, we’ll explain why we can’t.”

Mr Feetham said there were no concerns as to how UK sentencing guidelines had been applied here under current legislation.

The question, he said, was whether the law should be tougher in certain cases.

“So therefore, having been satisfied that under the current legislation, the rules are being applied, the next question in my mind is, do we need to change the law?” he said.

The process of looking at this issue is in its very early stages and currently involves internal consultation between the Ministry for Justice and other key stakeholders in the criminal justice system.