James Browne (Wexford, Fianna Fail) | Oireachtas source

I again thank the Senator for raising this very important matter in the House today. He will appreciate that the Judiciary is independent in the matter of sentencing subject only to the Constitution and the law. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review any sentence which she feels is unduly lenient. However, it is a matter for the Government and the Oireachtas to propose and enact legislation setting out maximum sentences which a court may impose for a particular crime. In a number of cases the Oireachtas has prescribed a presumptive minimum sentence for certain serious offences.

This is currently being reviewed under a requirement contained in the Judicial Council Act 2019. In imposing a sentence, a court is required to impose a sentence which is proportionate not only to the crime but also to the offender based on the facts of each individual case. As provided for in the Judicial Council Act, a new sentencing guidelines committee has been established by the Judicial Council and includes a number of lay members. The committee is responsible for compiling sentencing guidelines with a view to establishing parameters and norms to help give a judge guidance while sentencing. Practically the courts are also required to hear from victims in certain cases where they wish to make a victim impact statement.