Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I move amendment No. 40:

In page 20, between lines 22 and 23, to insert the following:

“Sentencing Ranges

19. (1) When exercising its functions under section 19#, the Sentencing Information and Guidelines Committee shall have regard to the desirability of sentencing guidelines

which relate to a particular offence being structured in the way described in subsections (2) to (5).

(2) The guidelines should, if reasonably practicable given the nature of the offence, describe by reference to one or more of the following factors, different categories of case involving the commission of the offence which illustrate in general terms the varying degrees of seriousness with which the offence may be committed:(a) the offender’s culpability in committing the offence;

(b) the harm caused, or intended to be caused or which might foreseeably have been caused, by the offence;

(c) such other factors as the Committee consider to be relevant to the seriousness of the offence in question.(3) The guidelines should—(a) specify the range of sentences (“the offence range”) which, in the opinion of the Committee, it may be appropriate for a court to impose on an offender convicted of that offence, and

(b) if the guidelines describe different categories of case in accordance with subsection (2), specify for each category the range of sentences (“the category range”) within the offence range which, in the opinion of the Committee, it may be appropriate for a court to impose on an offender in a case which falls within the category.(4) The guidelines should also—(a) specify the starting point in the offence range, or

(b) if the guidelines describe different categories of case in accordance with subsection (2), specify the sentencing starting point in the offence range for each of those categories.(5) The guidelines should—(a) to the extent taken into account by categories of case described in accordance with subsection (2), list any aggravating or mitigating factors which, by virtue of enactment or other rule of law, the court is required to take into account when considering the seriousness of the offence and any other aggravating or mitigating factors which the Committee considers are relevant to such a consideration,

(b) list any other mitigating factors which the Committee considers are relevant in mitigation of sentence for the offence, and

(c) include criteria, and provide guidance, for determining the weight to be given to previous convictions of the offender and such of the other factors within paragraph (a) or (b) as the Committee considers to be of particular significance in relation to the offence or the offender.(6) The provision made in accordance with subsections (2) to (5) may differ for different circumstances or cases

Ba mhaith liom cúpla focal a rá air seo.