Malay Mail
by Asrul Hadi Abdullah Sani and Meena Lakshana
LORD David Pannick, QC, said judges must have the courage to pass sentences without fear or favour, stressing the importance of the separation of power in a democratic state.
The renowned barrister said the courts must be bold and act without fear of offending or embarrassing anyone.
“The independence of the judiciary, free from control by the legislature and the executive is absolutely fundamental to a free society. You need to have independent judges of integrity and courage who are prepared to apply the law even if it offends, embarrasses or receives objection from certain powers in society. I am a strong supporter of an independent judiciary,” he told The Malay Mail during a recent interview here.
He explained that judges must be open to criticism as it would help improve the quality of the courts through greater debate.
He said there was also a need to ensure there was no disparity in sentencing but admitted that handing out judgments was “an extremely difficult task.”
He said the judge not only has to look at what that individual has done, but also the circumstances of the offence and also has to be sure to conform to previous rulings.
“I sympathise with any judge who has to pass a sentence, because each case depends on its own individual facts. However, it is important that principles in sentencing developed by the common law and the legislature are followed," he said.
“It is important to ensure people’s confidence in the judiciary and also that the person convicted understands why a particular sentence has been given."
He said it is very important for judges to explain why a sentence was decided to allow better public understanding.
"In England, confidence in the judiciary is enhanced when a judge makes an effort to explain in detail why he is handing out a particular sentence," he said.
"There is no mathematical formula for sentencing. Each case is different and the judge must use his discretion and professional judgement in ensuring justice is adequately served."
by Asrul Hadi Abdullah Sani and Meena Lakshana
LORD David Pannick, QC, said judges must have the courage to pass sentences without fear or favour, stressing the importance of the separation of power in a democratic state.
The renowned barrister said the courts must be bold and act without fear of offending or embarrassing anyone.
“The independence of the judiciary, free from control by the legislature and the executive is absolutely fundamental to a free society. You need to have independent judges of integrity and courage who are prepared to apply the law even if it offends, embarrasses or receives objection from certain powers in society. I am a strong supporter of an independent judiciary,” he told The Malay Mail during a recent interview here.
He explained that judges must be open to criticism as it would help improve the quality of the courts through greater debate.
He said there was also a need to ensure there was no disparity in sentencing but admitted that handing out judgments was “an extremely difficult task.”
He said the judge not only has to look at what that individual has done, but also the circumstances of the offence and also has to be sure to conform to previous rulings.
“I sympathise with any judge who has to pass a sentence, because each case depends on its own individual facts. However, it is important that principles in sentencing developed by the common law and the legislature are followed," he said.
“It is important to ensure people’s confidence in the judiciary and also that the person convicted understands why a particular sentence has been given."
He said it is very important for judges to explain why a sentence was decided to allow better public understanding.
"In England, confidence in the judiciary is enhanced when a judge makes an effort to explain in detail why he is handing out a particular sentence," he said.
"There is no mathematical formula for sentencing. Each case is different and the judge must use his discretion and professional judgement in ensuring justice is adequately served."
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