‘No sense sending everyone to prison’- Chancellor says some minor crimes can be easily resolved

Persons who commit minor offences should not always be placed in jail as punishment. Instead, criminal mediation, which caters for resolution between the victims and offender by applying other punishments such as community service and compensation, should be explored, according to the Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards.

“For less serious offences, we find that it an important route to go.

“There is no sense sending everyone to prison for every single minor offence that might have been committed. Some of these could be dealt with effectively through processes such as restorative justice and criminal mediation,” the Chancellor said on Saturday.

By practising this, she said these minor offenders are aided to be better persons in society, repairing the harm done while also promoting a safer society in the long run.

The Chancellor made these remarks while delivering the feature address at the opening ceremony for PACE Justice Training Restorative Justice, Criminal Mediation and Children in Conflict with the law. The workshop, which will run for three days, is being held at the Cara Lodge Hotel in Georgetown. It targets Judges, Magistrates, prosecutors, and other members of the judicial system.

For criminal justice to be responsive to the needs of society, Justice Cummings-Edwards further noted that all stakeholders and partners must be part of the process, to realise a “proper functioning” and “effective” justice system.

“The aim indeed is to repair the harm done and promote accountability on the part of the offender.

“The criminal justice system must not only be punitive. When children come into conflict with the law, we do that have to be punitive with them. We do not have to treat them as small adult offenders but what we have to look at are areas and means of reform, changing their mindset,” the Chancellor said.

The training, which is the first of many to be held in Guyana, is facilitated through a partnership with the Ministry of Legal Affairs and United Nations Development Programme. It is funded by the European Union.

Head of the Political Section of the EU Delegation in Guyana, Spiro Polycandriotis van Dynhoven, in his remarks, said one of the simplest applications of restorative justice is in addressing minor offences.

“Traditional court systems often expend considerable resources on non-violent, minor cases which contributes to major delays and inefficiencies.

“By incorporating criminal mediation as an alternative, we can alleviate pressure on the courts, allowing them to focus on more serious crimes,” Dynhoven said.

He said criminal mediation has been a core component of PACE justice, recognised as an effective tool for diverting minor offences without formal charges.