The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

YESTERDAY marked the Opening of the Legal Year 2026, during which senior judicial and government officials outlined major criminal justice reforms, including the near completion of The Bahamas’ first Sentencing Guidelines, the finalisation of the long-awaited Criminal Bench Book and plans to expand judicial capacity.

Chief Justice Ian Winder announced that The Bahamas is close to implementing its first Sentencing Guidelines, describing the initiative as a significant step towards greater consistency and transparency in the criminal justice system. The Sentencing Guidelines Commission has released draft guidelines for consultation with members of the Bar, covering general sentencing principles as well as specific guidance for violent, sexual, drug and firearm offences.

“The Bahamas’ first ever Sentencing Guidelines are nearly a reality,” Chief Justice Winder said.

He noted that comprehensive training sessions for the wider stakeholder community will follow and that the Attorney General has assured that enabling legislation will be brought to Parliament once consultations are complete. Chief Justice Winder said the guidelines will promote fairness while encouraging early guilty pleas by clearly outlining sentencing ranges.

Director of Public Prosecutions Cordell Frazier, a member of the Sentencing Guidelines Commission, said the guidelines are intended to bring uniformity without restricting judicial discretion.

“I’m a part of that committee, the sentencing commission committee, and what that will do is bring consistency in the sentences, and so it doesn’t hinder the judge who has discretion to pass any sentence,” she said.

She also addressed public concerns surrounding sentencing and plea agreements, stressing that each matter is assessed individually.

“What you have to remember is that each case is determined on its own personal circumstances, and so you cannot use the same measuring stick for each case,” she said.

Chief Justice Winder also announced the completion of the Bahamian Criminal Bench Book at the end of 2025, describing it as a major milestone for the judiciary. The 500-page electronic version was released to judges in December and is expected to be circulated more widely, with a printed edition anticipated in February ahead of a formal launch.

He explained that the Bench Book consolidates procedural norms, evidentiary standards and sentencing frameworks, and will serve both judicial officers and legal practitioners. Chief Justice Winder said much of the content was contributed by Bahamian judicial officers and reflects evolving jurisprudence, constitutional requirements and fair trial principles.

Addressing judicial capacity, Chief Justice Winder announced the establishment of an additional criminal court to help manage caseloads. Chief Magistrate Roberto Reckley has been appointed to act as a Supreme Court justice to build out the new court, effective March 1, 2026.

Attorney General Ryan Pinder outlined anticipated legislative reforms, including continued land reform through a redrafted Planning and Subdivision Bill, which is currently out for consultation with the Bahamas Bar Association’s Real Estate Committee.

He also confirmed plans to modernise the criminal justice system through a redraft of the Penal Code and the advancement of a Conditional Release of Offenders (Parole) Bill. Mr Pinder said the Penal Code requires updating to reflect judicial decisions, international standards and best practices, while the parole legislation is intended to prioritise rehabilitation and reintegration.