ANNUAL JUDGES’
CONFERENCE Commonwealth Resort Hotel, Munyonyo 21-25 January 2018
Profiles of UK Experts Sessions on Sentencing
Sentencing Sentencing is a fundamental part of criminal law and process. In 2013, the first ever sentencing guidelines were introduced in Uganda. However, disparities and inconsistencies in the approach to sentencing still remain. The Judicial Training Institute (“JTI”) of Uganda and Evolve - Foundation for International Legal Assistance (“Evolve”), supported by the Rule of Law Expertise Programme in the United Kingdom (ROLE UK) and UK Aid have organised sessions on sentencing to take place within the 20th Annual Judges’ Conference. Experts from the UK with considerable experience in sentencing in Uganda as well as England and Wales will contribute to the presentations on this area of law, alongside experts from Uganda. This part of the conference will address a number of key issues regarding sentencing practice in Uganda, including: (i) disparities and inconsistencies in sentencing; (ii) the principles and purposes of sentencing; (iii) the use and effectiveness of the current sentencing guidelines; (iv) the roles of different stakeholders in sentencing and their perspectives on the current challenges in sentencing practice; (v) sentencing of the mentally ill, children, women and people with disabilities; and (vi) the role of effective law reporting in improving sentencing jurisprudence. The conference presents a unique opportunity to bring together key stakeholders within the criminal justice system to discuss and address the key challenges and issues in sentencing practice to ensure greater consistency, transparency and fairness. Certainty and equality before the law will undoubtedly build greater public confidence in the criminal justice system.
About Evolve Evolve is led by a team of experienced barristers based in the UK and Uganda. Evolve’s aim is to improve access to justice; build capacity within the legal profession through education and training; and promote fairness, efficiency and integrity within the criminal justice system of Uganda by the provision of pro bono assistance. Evolve works in partnership with individuals, institutions and organisations within the criminal justice sector, including the Judiciary, the Uganda Law Society, the Directorate of Public Prosecutions and the Uganda Prisons Service to achieve these aims.
1
Profiles of UK Experts Sessions on sentencing
Mrs Justice Maura McGowan Facilitator Maura McGowan was appointed a High Court Judge in 2014. She sits in the Queen’s Bench Division and is currently a presiding judge on the South Eastern Circuit. She was called to the Bar and practised principally in serious crime though additionally appeared in public inquiries. She took silk in 2001. She is also a member of both the Bar of Ireland and Northern Ireland. She is a Bencher of Middle Temple, chair of the Bench Selection Advisory Committee and a member of the Education and Training Committee. She retains a strong interest in the practice of advocacy and is an Advanced International Advocacy Trainer. She has taught or lectured in many jurisdictions including Hong Kong, Singapore, Mauritius, Cayman Islands, USA, Ireland, Pakistan and South Africa. She is a member of the Sentencing Council of England & Wales and the Sentencing Advisory Committee of the Supreme Court of the Eastern Caribbean. She is a consulting editor of Archbold, on the editorial board of the Criminal Law Review and is a trustee of BAILII. She was Chairman of the Bar Council of England and Wales in 2013.
2
Profiles of UK Experts Sessions on sentencing
Declan O’Callaghan Facilitator Declan O’Callaghan was called to the Bar of England and Wales in 1995 and is presently a member of Landmark Chambers, one of the leading chambers in London. He primarily works in public and administrative, human rights, crime and international matters and is identified by the Legal 500 as one of a small group of leading barristers in his field. He is a barrister member of The Bar Tribunals and Adjudication Service, responsible for considering charges of misconduct against barristers in England and Wales. He has lectured on sentencing and advocacy in many jurisdictions including Canada, Malawi, Malaysia, Norway, Spain and the United Arab Emirates. He is a visiting lecturer at the University of Exeter, England and has lectured at several universities including Makerere University, the University of Oxford (England) and McGill University (Canada). He is to be a visiting lecturer at Pennsylvania State University (USA) in February 2018. He is well-known internationally for his death penalty work. He has accepted a recent appointment to be a judge and will commence sitting soon after his return to England from the USA.
3
Profiles of UK Experts Sessions on sentencing
Tanya Murshed Facilitator Tanya Murshed is the Founder of Evolve and was called to the Bar in 2006. She is a practising Barrister at 1MCB Chambers in London specialising in crime/ regulatory law as a prosecution and defence advocate. She also specialises in constitutional and immigration law. Tanya has previously worked as disclosure counsel for the Serious Fraud Office (SFO) in London and has recently been instructed by the SFO on another case. In the UK, Tanya has also conducted training sessions with fraud investigators. Tanya’s work in Uganda began in 2013, as Director of the Centre for Capital Punishment Studies’ (CCPS) Mitigation Project. Through CCPS and then Evolve from 2014, she has taken a leading role in facilitating the re-sentencing process of almost 270 beneficiaries of the case of Attorney General v Susan Kigula and 417 others. Tanya advised on and pioneered a pilot scheme of pre-sentence reports, social inquiry reports and mental health assessments for the Kigula beneficiaries. She has appeared in the Supreme Court of Uganda in a death penalty case. Tanya oversees all of Evolve’s projects.
4
Profiles of UK Experts Sessions on sentencing
Jacqueline Lule Facilitator Jacqueline is a Barrister of the Honourable Society of the Middle Temple; an Arbitrator, (MCiArb); a C.E.D.R. Accredited Mediator; and ‘Of Counsel’ at Bowmans, AF Mpanga Advocates, a leading law firm in Uganda. Jacqueline practiced in the UK for 17 years, initially in the areas of crime and employment law, before developing a civil litigation practice. She acted as disclosure counsel for the Serious Fraud Office (SFO) and as a Grade 3 Prosecutor for the Crown Prosecution Service. Jacqueline also taught on the Bar Professional Training Course at BPP Law School for over 10 years, and was a Barrister member of the Professional Conduct Committee of the Bar Standards Board. Jacqueline returned to Uganda in July 2015 and has already built up a practice in her areas of specialism, advising international companies, banks, tech-based industries, NGO’s and large corporations on: corporate/commercial matters; financial crime; anti-bribery, corruption and the proceeds of crime. She has acted in a number of governance, compliance and regulatory investigations as well as due diligence exercises. Jacqueline took part in the 2014 re-sentencing session of Susan Kigula beneficiaries in Uganda, training lawyers prior to the session. She continues to regularly train lawyers through Evolve, and is a Faculty Member of the International Law Institute - African Centre for Legal Excellence. 5
Profiles of UK Experts Sessions on sentencing
Alex Chakmakjian Facilitator Alex was called to the Bar in 2009 and is a barrister practising at 1MCB Chambers in London. He is an experienced criminal advocate and has worked as disclosure counsel at the Serious Fraud Office (SFO). In London, Alex conducts a busy practice in the fields of crime, immigration, international human rights, prison and constitutional law. In England & Wales, Alex appears in the Crown Court, High Court, and Court of Appeal. He is a member of the Lord Chancellor’s Advisory Committee, charged with interviewing and appointing magistrates. Alex has been working in the Ugandan criminal justice system since 2014, assisting lawyers appealing convictions and sentences in the Court of Appeal and Supreme Court. He has advised members of the legal profession on matters of international sentencing practice. Alex has previously appeared before the Supreme Court of Uganda in a death penalty case. Alex’s work for Evolve focuses on education, training and legal advisory work.
6
Profiles of UK Experts Sessions on sentencing
Marianne Alton Facilitator & Rapporteur Marianne is a barrister practising at Lincoln House Chambers in Manchester and is a Director of Evolve, overseeing their access to justice and training projects. She specialises predominantly in criminal law, as a prosecution and defence advocate. Marianne has acted in a range of serious criminal matters and is currently instructed by the Crown Prosecution Service as disclosure counsel in a gang-related conspiracy to murder case. Prior to being called to the Bar, Marianne worked as a law reporter for the All England Law Reports. In 2014, Marianne spent six months in Uganda where she was the Project Coordinator for the Centre for Capital Punishment Studies (CCPS) Mitigation Project. At CCPS and then through Evolve, she assisted with the re-sentencing process of beneficiaries of the case of Attorney General v Susan Kigula and 417 others including leading a country-wide file tracing exercise. She has assisted lawyers appearing before the High Court and appellate courts dealing with sentencing at first instance and also upon appeal.
7
Profiles of UK Experts Sessions on sentencing
Amelia Montgomery Rapporteur Amelia has a background in criminal law, family law and group litigation. She is currently working at the law firm Moss Fallon Solicitors based in the UK. Amelia also worked at the Special Court for Sierra Leone (SCSL) in 2009. She was the Coordinator for the Centre for Capital Punishment Studies’ (CCPS) Uganda Mitigation Project in 2012, assisting with sentencing hearings at the High Court Kampala and training law students from Makerere University in the principles of mitigation. She also assisted with developing a re-sentencing project for beneficiaries of the case of Attorney General v Susan Kigula and 417 others. Amelia is part of Evolve’s research and communications team.
8
Profiles of UK Experts Sessions on sentencing
Alex Bennie Facilitator Alex is based at 1MCB Chambers in London and has led Evolve’s sentencing research project. His previous experience includes working pro bono for the Centre for Criminal Appeals and City University’s Pakistan Death Row Project, compiling reports on international death penalty jurisprudence. More recently he worked for Reprieve where he assisted on death penalty and human rights cases. He also worked on the Malawi Resentencing Project to assist beneficiaries of the judgment in Kafantayeni v Attorney General Constitutional Case No 12 of 2005, which held that the mandatory death sentence was unconstitutional.
9
ANNUAL JUDGES’
CONFERENCE Commonwealth Resort Hotel, Munyonyo 21-25 January 2018
This event has received financial and technical support from Rule of Law Expertise UK (Role UK) and UKAid.