Helen McEntee (Meath East, Fine Gael) | Oireachtas source

These amendments address an issue identified in a 2018 case where it was found that the Court of Appeal cannot impose a sentence of imprisonment on an adult who had been initially sentenced as a child to children's detention. Amendment No. 21 provides that the sentence in such cases will not preclude a sentence which could have been imposed at the court of trial if the person had reached the age of 18 at that time. This will allow for a sentence of imprisonment to be imposed at appeal stage.

By exception, where the appeal is by a person as an adult against an initial sentence for treason or murder as a child, the mandatory life sentence for such offences will not apply at appeal stage. Instead, the Court of Appeal may impose such sentence as it considers appropriate. This is justified, given the general principle that a mandatory life sentence for treason or murder does not apply to a child. The amendment will apply to any outstanding appeals that have yet to be heard and any appeals that have been heard but where final judgment has not been given.

Amendment No. 22 is similar in effect to amendment No. 22 but deals with appeals by the Director of Public Prosecutions, DPP, against the leniency of an initial sentence. A similar exception is provided in respect of an initial sentence on conviction for treason or murder and the same transition provisions are also provided.

Amendment No. 3 is a consequential change to the Long Title.

In essence, we are closing a gap in law as exposed by a court judgment. The DPP also asked us to consider the matter and close the gap.

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