Dáil debates

Thursday, 13 November 2008

3:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

Section 33 of the Criminal Justice Act 2007 amended the 1977 Act to put in an interpretation clause. The clause emphasised that the decision to depart from the presumptive minimum sentence of ten years must be based on the presence of exceptional and specific circumstances relating to the offence or the offender which would make it unjust in all the circumstances to impose a sentence of not less than ten years. That statement was made by this House. There was dissatisfaction at how the minimum ten year sentence was being implemented and we have put the onus on the Judiciary. That was a statement from this House to show we wanted these sentences imposed as often as possible. However, the Judiciary has its discretion and we cannot interfere with it.

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