Mick Wallace (Wexford, Independent) | Oireachtas source

If someone does something absolutely terrible, it should be dealt with up-front, at the start. I do not agree that we should crucify him again at the end. We should have an open mind at the end as to where the person is in his head and life.

The Irish Penal Reform Trust believes there may be merit in the introduction of tariffs to life sentences where the judge stipulates the minimum custodial period that must be served on a life sentence before parole can be considered. The trust is opposed to the introduction of any mandatory minimum custodial periods. The Law Reform Commission and the Strategic Review of Penal Policy have both recommended that no new mandatory sentencing regimes be introduced. The Law Reform Commission report on mandatory sentencing of 2013 recommends that where an offender is convicted of murder and is, therefore, sentenced to life in prison, legislation should provide that the judge may recommend a minimum term to be served by the offender. This would deal with the issue.

Tariffs may provide clarity and reassurance to victims and to life-sentence prisoners in terms of the length of periods of imprisonment. If tariffs are introduced where the original sentencing judge stipulates a minimum custodial period based on the gravity and circumstances of the offence, considering the nature and gravity of the offence, as in sections 18 and 19, after this period has been served may amount to re-sentencing.

Mr. Tom O'Malley of NUI has said there must be some mechanism for identifying the absolute minimum period a sentenced prisoner is required to serve before being eligible for release. Otherwise, a parole board risks subjecting the prisoner to double jeopardy, that is, trying the prisoner twice for the same crime. No one is saying otherwise but some people are definitely deemed unfit to be let loose in society because of the nature of their crimes, and they should be dealt with accordingly.

If a judge stipulates the minimum amount of time that a person must serve then the parole board must have an open mind and the notion that the person is in a different place must be entertained.