Page 65 - Magistrates Conference 2019

The Sentencing Methodology Cont.

STEP 4 • Credit for the period of time spent in pre-trial custody.

• In Da Costa Hall v The Queen, a decision of the

Caribbean Court of Justice, the majority of the panel laid

down “the primary rule” in these terms:

“The primary rule is that the judge should grant

substantially full credit for time spent on remand in

terms of years or months and must state his or her

reason for not granting a full reduction or no

reduction at all.”

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