London Daily

Focus on the big picture.
Friday, Sep 11, 2026

No deterrence: Magistrate says new sentencing guidelines for drugs ‘won’t work for BVI’

No deterrence: Magistrate says new sentencing guidelines for drugs ‘won’t work for BVI’

A local magistrate has said she believes the list of umbrella sentencing guidelines recently launched for all courts in the Eastern Caribbean is not suitable for drug-related offences committed in the British Virgin Islands.

These sentencing guidelines were developed so judges in the region could have a standard way of determining the penalty that a convicted person should receive.

But local magistrate, Ayanna Baptiste-DaBreo, said she is concerned they will not deter drug offenders in the BVI. She said following the guidelines in every drug case would “create havoc” in the BVI.

“If I use those sentencing guidelines, I would be encouraging everybody to start selling drugs because there is no punishment, really. The truth is if I am someone out there selling drugs with these sentencing guidelines, the cost to me of selling it … the profits would exceed compliance,” the magistrate said.

“Where is the deterrence? Where would be the fair punishment? I will follow them (the sentencing guidelines) and I will say where I would depart from them in the sentencing,” she added.

“I have found that those sentencing guidelines does not work for me on the drug offences. [But], for the other offences, they are fine,” Magistrate DaBreo further said.


What the guidelines say for drug offences

According to the Eastern Caribbean Supreme Court’s website, the guidelines for drug-related offences covers drug trafficking, cultivation, and possession with an intent to supply, import or export — whether as conspiracy or a substantive offence. 

 Apart from the judge’s responsibility to weigh all the aggravating and mitigating factors in each case before handing down a sentence, the new guidelines also say the punishment should be determined based on quantity and what type of role the offender played in the crime.

The roles a convicted offender can be found to play in the drug crime has been classified into three levels — ‘leading’, ‘significant’ and a ‘lesser role’. 

The lead role

To be classified as having a lead role in the crime, an offender must be the commercial drug buyer and/or seller. He/she must also be found to have ‘substantial links’ to have an influence on others in a chain, has close links to the original source, has an expectation of significant financial gain, uses business as a cover, and abuses a position of trust.

The significant role

For persons classified as having a ‘significant role’, they must be found to operate or manage functions within the illegal operation. Those category of offenders must also have been found to involve others in the operation whether by pressure, influence, intimidation or reward — especially if those involved are children.

According to the new sentencing guidelines, sale of drugs to minors and persons in prison would also fall under that category.

The lesser role

As it relates to how a person is classified in the ‘lesser role’ category, the court is required to look at persons who perform a limited function under direction. They are also considered to have played a lesser role if they are involved by pressure, coercion, intimidation, involvement through youth, naivety, or exploitation.

The court must also classify them in the ‘lesser role’ category if there is no influence on the drug operation’s hierarchy, if they have very little or no awareness or understanding of the scale of operation, or if they are trafficking drugs solely for personal use (considering the reasonableness of account in all the circumstances).

Classifying an offender by weight of drugs

As it relates to the weight of the drugs, offenders are classified into numerical categories — ‘one’ being the highest and ‘four’ the lowest.

Category One offenders are persons who were caught with 20 kilograms or more of cocaine and 400 kilograms or more of cannabis.

Category Two offenders are those caught with five to 20 kilograms cocaine and 50 to 400 kilograms of cannabis.

Category Three has to do with offenders with 100 grams to five kilograms of cocaine and one to 50 kilograms of cannabis.

And to be classified as a Category Four offender, a person must be found to have 100 grams of cocaine or up to one kilogram of cannabis.

The new sentencing guidelines state that offenders who fall in the lesser categories — three and four — must only receive penalties that are fines and/or no custodial sentences.

These new guidelines were launched in September but went into effect on October 1 across the region.

Newsletter

Related Articles

0:00
0:00
Close
English Councils to Gain Power to Introduce Tourist Taxes by 2028
Kemi Badenoch Reshuffles Conservative Shadow Cabinet
Firefighters Make Progress Containing Major Wildfires in South Wales
John Lewis Partnership Reports £124 Million Loss
Study Says UK AI Data Centres Will Create Only a Quarter of Forecast Jobs
UK Government Considers Higher Industrial Water Prices Amid Supply Pressures
Andy Burnham Holds First Call With Donald Trump as UK Prime Minister
NHS Records Busiest Summer on Record as Heatwaves Drive Hospital Admissions
Home Secretary Orders Police Crackdown on Far-Right Anti-Migrant Vigilantes
UK Supreme Court Rules Northern Ireland Religious Education Curriculum Breaches Human Rights Standards
Markets Price in Four Bank of England Rate Rises by Next Summer
House of Commons Prepares Free Vote on Assisted Dying Bill
UK Government Bans Trade With Israeli Settlements in Occupied Territories
UK Economy Grows 0.4% in July as Artificial Intelligence Investment Supports Expansion
Andy Burnham Becomes UK Prime Minister After Keir Starmer Resigns
John Lewis Partnership Loss Widens to £124 Million
UK Government to Put White Working-Class Social Mobility at Centre of Equality Policy
McLaren Plans £450 Million Technology Investment Creating 1,000 UK Jobs
UK Chancellor Faces Calls for Wealth Taxes and Public Ownership in Autumn Budget
English Mayors to Gain Powers to Impose Uncapped Overnight Tourist Taxes
JPMorgan’s Jamie Dimon Warns UK Government Against Bank Windfall Taxes
UK Air Traffic Control Outage Cancels More Than 2,000 Flights
UK Imposes Trade Ban on Israeli Settlements in the West Bank
UK Borrowing Costs Surge as Middle East Tensions Push Long-Term Gilt Yields to Highest Since 1998
Buckingham Palace Says Prince Harry and Meghan Will Not Resume Official Royal Duties
UK Treasury Faces Calls to Scrap £100,000 Childcare Support Threshold
Trades Union Congress Urges Labour Government to Rewrite Migration Policy
Riot Police Deployed After Anti-Migrant Protests Turn Violent in Portsmouth
UK Considers Replacing Some Disability Cash Payments With Direct Services
JPMorgan’s Jamie Dimon Warns UK Chancellor Against Higher Banking Taxes
UK Announces New Sanctions Targeting Israeli Settlements in West Bank
Metropolitan Police Investigate Alleged Illegal Donations to Reform UK
UK Charges Wiltshire Man With Assisting Russian Intelligence
UK Orders Urgent Review After Air Traffic Failure Cancels More Than 2,000 Flights
Merz Rebukes AfD Expansion in Saxony-Anhalt
King Charles Confirms Prince Harry and Meghan Will Remain Private Citizens
Labour Selects Former Child Refugee for By-Election in Keir Starmer’s Former Seat
Foreign Private Equity Accelerates Takeovers of London-Listed Industrial Companies
NHS Maternity Care Faces Scrutiny Over Support for Mothers After Caesarean Births
BBC Warns Staff Strikes Are Likely Amid Job Cuts and Programme Cancellations
English Housing Affordability Improves to Best Level in More Than a Decade
UK Health Commission Proposes Framework for Wider AI Adoption Across NHS
Labour Faces Pressure for Wealth Tax Ahead of Autumn Budget
Metropolitan Police Open Criminal Investigation Into Alleged Foreign Donations to Reform UK
UK Police Deploy Riot Officers After Anti-Immigration Unrest in Portsmouth and Dover
UK Defends Sanctions on Israeli Settlements Despite Diplomatic Retaliation
UK Air Traffic Control Failure Cancels More Than 1,000 Flights and Disrupts 65,000 Passengers
Compass Urges £10 Million Wealth Tax and Public Ownership Ahead of UK Autumn Budget
UK Government’s Devolution Plans Face House of Lords Scrutiny
Maldives Seeks New Chagos Sovereignty Talks With UK Prime Minister Andy Burnham
×