Federal Capital Territory Courts (Sentencing Guidelines) Practice Direction, 2016

1. (1) The objective of this Practice Direction is to set out the procedure for sentencing of corruption and related offences, offences against the person or property, homicide related offences, offences against the State, offences against public order and offences against morality; for the purposes of ensuring uniformity in sentencing, pursuant to the provisions of sections 416 and 311 of the Administration of Criminal Justice Act, 2015

(2) In the application of this Practice Direction -

(a) each case shall be treated on its own merit in line with the provisions of section 416(2)(a) of the Administration of Criminal Justice Act;

(b) the objectives of sentencing including prevention, restraint, rehabilitation, deterrence, education of the public, retribution and restitution, shall be borne in mind in sentencing a convict in line with the provisions of sections 401(2) and 416(2) (b) of the Administration of Criminal Justice Act; and

(c) the interest of the victim, the convict and the community should be considered in line with the criteria set out under section 311(2)(b) of the Administration of Criminal Justice Act.

(3) The provisions of this Practice Direction shall not derogate from the statutory and inherent discretion conferred on a judge to determine and impose sentences.

Scope of Application and Procedural Steps

2. (1) This Practice Direction shall apply to -

(a)corruption and related offences;

(b) offences against the person;

(c) offences against property;

(d)homicide related offences;

(e)offences against public order;

(f)offences against morality; and

(g)offences against the State

(2) This Practice Direction shall not apply to sentencing of a person below 18 years of age.