NCJ Number
45385
Date Published
1976
Length
4 pages
Annotation
CHANGES BROUGHT ABOUT IN THE SRI LANKA SENTENCING STRUCTURE BY A 1973 LAW ARE EXAMINED, AND REALIZATION OF THE OBJECTIVES OF THE NEW SENTENCING POLICY IS DISCUSSED.
Abstract
THE ADMINISTRATION OF JUSTICE LAW NO. 44 OF 1973, WHICH WENT INTO EFFECT ON JANUARY 1, 1974, WAS INTENDED TO PROVIDE THE ESTABLISHMENT AND CONSTITUTION OF A NEW SYSTEM OF COURTS FOR THE ADMINISTRATION OF JUSTICE WITHIN THE REPUBLIC OF SRI LANKA AND TO REGULATE THE PROCEDURE IN AND BEFORE THE COURTS. THE LAW ABOLISHED SEVERAL LAW COURTS WHICH WERE FOUND TO BE REDUNDANT OR UNNECESSARY, ENLARGED THE COMPOSITION OF THE SUPREME COURT FROM 9 JUDGES TO 21 JUDGES AND VESTED IT AS THE FINAL AND ONLY COURT OF APPEAL IN ALL CIVIL AND CRIMINAL CASES, AND ESTABLISHED 16 NEW HIGH COURTS TO TRY ALL CASES OF SERIOUS CRIME BEFORE A JUDGE AND LAY JURY OF 7 MEMBERS. THE SENTENCING POWERS OF BOTH THE DISTRICT AND MAGISTRATES' COURTS WERE ALSO CONSIDERABLY ENHANCED. THE NEW SENTENCING POLICY INTRODUCED BY THE LAW SEEMS TO HAVE CHANGED THE EMPHASIS DRASTICALLY FROM DETERRENT OR RETRIBUTIVE TO REFORMATIVE AND REHABILITATIVE SENTENCES. FOR THE FIRST TIME, A PROVISION HAS BEEN MADE FOR SUSPENDED SENTENCES IN CASES OF SENTENCES OF 2 YEARS IMPRISONMENT OR LESS. SEVERAL ALTERNATIVE FORMS OF PUNISHMENT OTHER THAN SUSPENDED SENTENCES ALSO PROVIDED FOR BY THE LAW ARE: COMMUNITY SERVICE, WHERE A PRISONER IS UNABLE TO PAY A FINE; CONDITIONAL DISCHARGE; PROBATION; AND BORSTAL TRAINING FOR JUVENILES. JUDGES STILL RETAIN WIDE DISCRETION IN SENTENCING. THE IMPORTANCE OF SETTING APPROPRIATE SENTENCES IN ORDER TO AVOID SENTENCING DISPARITY IS STRESSED. DISPARITIES CAN BE CORRECTED BY THE APPELLATE COURT, I.E., THE SUPREME COURT. A PROVISION WHICH WOULD MAKE IT OBLIGATORY FOR JUDGES TO STATE IN WRITING THEIR REASONS FOR IMPOSING A GIVEN SENTENCE IS SUPPORTED BY THE AUTHOR. (DS)