THE sentences handed out to offenders in Bahrain’s courts are under scrutiny to ensure that the punishments handed out fit the crime.
Parliament’s foreign affairs, defence and national security is currently reviewing all legislations in a bid to adjust some so that judges have more clarity on sentencing offenders based on the limits set in the law.
Legislators are seeking to define crimes and their punishments to ensure fines or jail time match the severity or impact of the offences on the victims.
“At the moment, there are many older laws that stipulate maximum sentences rather than define a minimum,” committee chairman Abdulla Al Romaihi told the GDN.
“So, for example, it is up to five years in jail or a fine up to BD500 rather than three to five years or a fine ranging from BD100 to BD500, as in the way new legislations are drawn up,” he explained.
“The punishments in some old laws don’t fall within today’s understanding of justice, some have been amended, but there are many more to address.”
The committee is currently meeting with officials from the Justice, Islamic Affairs and Endowments Ministry to discuss possible improvements in the law.
“Current legislations divide crimes into two broad categories – misdemeanours and felonies,” said Mr Al Romaihi.
“Misdemeanours tend to be less serious crimes such as petty theft, simple assault and careless driving and carry less serious punishments.
“By contrast, felonies generally involve stiff fines and incarceration. Examples of felonies include grand theft, aggravated assault and vehicular homicide.
“We believe that it is time to set the punishment for a crime with defined minimums and maximums that match either the low status or severity of the crimes committed.”
Mr Al Romaihi said legislators were not planning to interfere with factors that judges need to consider when it comes to sentencing.
“When deciding what punishment to impose, the judge will consider the seriousness of the crime, the defendant’s criminal history, if any, the circumstances of the crime, harm caused to the victim, and whether the defendant shows remorse or an ability to rehabilitate,” he said.
“The judge will continue to have considerable discretion; defendants convicted of the same crime can end up with very different punishments.
“Crimes and their punishments are more complicated than they might seem. The adjustment we are working on involve a very complex criminal justice process that also needs to address protecting constitutional and human rights.”
mohammed@gdnmedia.bh
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