Oireachtas Joint and Select Committees

Wednesday, 18 October 2017

Joint Oireachtas Committee on Children and Youth Affairs

Cyber Security: Discussion (Resumed)

9:30 am

Professor Donncha O'Connell:

That reflects what the commission has stated in the report and it was also reflected this morning by Dr. Geoffrey Shannon. He was talking about education at creche level with regard to digital safety, which I thought was very valuable. On the penalties for offences that we have set out, we have recommended that the normal diversion programmes available to children in the criminal process would be available to those under 17 accused of offences that are specified in our report. The penalties we have suggested for each of the offences on summary or on prosecution following indictment are maximum penalties. The option of a fine also exists. I could go through them individually but it will not add hugely to this. There can be class A fines or up to 12 months imprisonment on summary indictment and unlimited fines or up to seven years when there is a trial on indictment. There is judicial discretion in the giving of a sentence. On the offence of stalking, which we would define as an aggravated form of harassment, if it is accepted as a matter of evidence that such an offence has taken place, that will be relevant to the sentencing in that case. It is not merely harassment but an aggravated form of harassment using cyber methods or such and that would be reflected in the exercise of judicial discretion in the giving of a sentence in that area. With regard to children, we support, as we would with regard to all criminal matters, the use of diversion programmes that exist and other restorative practices where they can be effective.