Michael McDowell (Dublin South East, Progressive Democrats)

In the course of the Criminal Justice Bill we provided for partly suspended sentences. The court in those circumstances can sentence a rapist, for example, to ten years' imprisonment, five of which would be served and five of which would be suspended on whatever conditions the court established, one of which might be that the rapist not go near the victim. That would be a straightforward case.

In regard to people who receive a full sentence the question arises as to whether the court should have the right to make a preventive order for the period after the person has served a term in prison. This would impose necessary conditions to either protect persons who are likely to be adversely affected by the presence of the perpetrator, or keep the perpetrator on the straight and narrow after his or her release. It is analogous to a partially suspended sentence and its purpose is to enable courts imposing a lengthy sentence, subject to the maximum possible sentence, to impose a condition post-release of a kind that is considered reasonably necessary for either of those purposes. That is a reasonable proposition because it has a deterrent effect, and a reassuring effect for the victims of crime.

This is not mandatory but if a court imposing sentence says that a person has been seriously involved in the drugs trade it can provide that he must notify the Garda of his whereabouts when he is released. This is similar to the requirement that sex offenders notify the Garda in certain circumstances of their whereabouts. It enables the court to impose on an individual receiving a prison sentence a post-release obligation which will keep some tabs on the individual without putting him in prison or holding a suspended sentence over him, and give the Garda some handle on that person. It is not wildly controversial and does not ask the courts to do anything they could not do if they were minded to structure a suspended sentence through that method.

I take the point that there does not appear to be a direct right of appeal but under section 13 there is a right to vary it and we might provide for a right to appeal against a refusal to vary the order. I do not envisage the prosecution appealing against a refusal by the courts.

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