Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 234: To ask the Minister for Justice, Equality and Law Reform his views on the need for more consistent sentencing in sexual assault cases and training for the judges who hear them. [11477/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The traditional approach to sentencing is for the Oireachtas to lay down by law the maximum penalty appropriate to a particular offence and for the courts, having considered all the circumstances of a case, to impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. While the Legislature lays down the possible punishment range, it is for the courts to exercise discretion in deciding the punishment while taking account of all the circumstances of the case and the offender.

In general, the penalties for sexual offences are very severe. Life imprisonment is the maximum penalty for rape and other serious sexual offences. The maximum sentence for sexual assault was increased to allow for cases where a number of assaults took place over an extended period of time. The Sex Offenders Act 2001 provides for a maximum sentence of ten years for sexual assault of a person aged over 17, and 14 years where the victim is under 18.

Insofar as consistency of sentencing is concerned, the Criminal Justice Act 1993 provides that the Director of Public Prosecutions may, where it appears to him that a sentence imposed by a court is unduly lenient, apply to the Court of Criminal Appeal to review the sentence. The Director of Public Prosecutions is totally independent in the carrying out of his functions.

The Courts and Court Officers Act 1995 enables me, as Minister, to provide funds for judicial training courses arranged by the Judiciary. In this regard, funds are made available to the Judicial Studies Institute, which was established by the Chief Justice for the purposes of judicial training. I understand that the issue of sentencing has been examined by the institute in the context of its training programme.