New Bill set to entrench ‘discretionary’ minimum sentences

Jurists have criticised minimum terms for taking sentencing discretion from judges, notes a Business Day report. At present the minimum sentencing regime comes up for review every two years. The Criminal Law (Sentencing) Amendment Bill now before Parliament’s Justice Committee scraps that provision. Lirette Louw, of the Justice Department, told the committee the Bill did not provide for ‘mandatory minimum sentences’ but discretionary minimum sentences, so the options of judicial offers were ‘limited but not eliminated’. She said that the Constitutional Court had found the limitation of these sentencing powers was constitutionally sound. Full Business Day report Criminal Law (Sentencing) Amendment Bill