New Guide Strengthens Safeguards on Warning Usage in Gibraltar

The Gibraltar Ministry of Justice has published a new guide on the use of warnings for specified offenses. The framework is significantly tightened to ensure that warnings are exceptional cases and that prosecution is the norm. This reform places victims at the center of the decision-making process, reinforcing public protection and trust in the administration of justice.

Criteria for the Use of Warnings

Under this new framework, the starting point for specified offenses is that no warning should be given. It will only be considered in genuinely exceptional circumstances, determined by a police officer of Superintendent rank or higher. No warning will be issued without the independent consent of the Director of Public Prosecutions.

Strict Requirements

Victims' opinions, protection concerns, the severity of the offense, and public interest must be carefully considered. The guide significantly narrows the circumstances in which a warning may be appropriate. It is not sufficient for the offender to admit to the offense, have no prior convictions, express remorse, or wish to avoid trial. Moreover, if decided by a judge, the sentence should likely not include jail or community service.

Specific Offenses

There is a strong presumption against warnings for offenses involving children, sexual offenses, vulnerable victims, exploitation, breach of trust, or power. These cases should generally proceed in court and consider a warning only in exceptionally rare circumstances.

Victim-Centered Approach

Victims must be at the center of the decision-making process. Their opinions should be sought prior to recommending a warning, considering the impact of the crime and safety concerns. If a decision goes against the victim's opinions, the reasons must be recorded in detail.

The Minister of Justice, the Honorable Nigel Feetham KC MP, highlighted: "The public expects serious crimes to be prosecuted in court. This guide clarifies that expectation. For specified offenses, prosecution is the rule, and a warning is the rare exception."

Monitoring and Oversight

The document incorporates improved requirements for recording decisions, consulting with victims, considering protective measures, and conducting quality assurance. The Gibraltar Police and the Director of Public Prosecutions will periodically review issued warnings, reporting annually to the Minister of Justice to encourage continuous improvements.