Written answers

Tuesday, 23 November 2004

Department of Justice, Equality and Law Reform

Sentencing Policy

10:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 362: To ask the Minister for Justice, Equality and Law Reform the progress made to date on legislation laying down uniform guidelines and principles in relation to the punishment of offenders; and if he will make a statement on the matter. [29665/04]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty and for a court having considered all the circumstances of the case to impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers. The Executive lays down the possible punishment range but it is for the courts to decide the punishment to be applied to the offender taking account of the seriousness of the crime and all the circumstances of the case and of the offender.

With regard to drug offences, part II of the Criminal Justice Act 1999, which came into effect on 26 May 1999 provides in section 4 for the creation of a new offence related to the possession of drugs with a value of IR£10,000 or €13,000 or more for the purpose of sale or supply, which is punishable by up to life imprisonment. It also provides in section 5 that the court shall, in imposing sentence, specify a minimum period of imprisonment to be served of not less than ten years upon conviction for the offence.

Section 5 also provides, however, that a court is entitled to depart from the imposition of the minimum sentence where there are exceptional and specific circumstances relating to the offence or the person convicted of the offence which would make it unjust in all the circumstances to impose the minimum ten year sentence. Factors to which the court may have regard in this respect include whether the person pleaded guilty, and if so, the stage at which the person indicated the intention to plead guilty and the circumstances in which the indication was given, and whether the person materially assisted the investigation of the offence. I am considering bringing forward a number of amendments to strengthen these provisions by way of amendments to the Criminal Justice Bill 2004, which is before the House. I am also considering bringing forward several proposals for the creation of mandatory minimum sentences for certain firearm offences.

There are no plans to lay down uniform guidelines and principles on sentencing. The courts are in the best position to see just what is the proper sentence. They alone can take all the circumstances in a particular case into account and seek to ensure that the scales of justice are being properly balanced.

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