Written answers

Thursday, 7 December 2006

Department of Justice, Equality and Law Reform

Sentencing Policy

7:00 pm

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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Question 18: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the consideration he has given to the recent call from the Director of Public Prosecutions for the Judiciary to adopt a new system that would see judges explaining the reasons behind their sentencing; and if he will make a statement on the matter. [42040/06]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 74: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the consideration he has given to the recent call from the Director of Public Prosecutions, Mr. James Hamilton, for the Judiciary to adopt a new system that would see judges explaining the reasons behind their sentencing; and if he will make a statement on the matter. [42193/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 18 and 74 together.

The question of consistency in sentencing and the appropriateness of sentences in particular cases is undoubtedly an issue which raises concerns from time to time. It is common in some courts for a Judge to publicly state the reasons for his/her choice of sentence but I would accept that this practice is not universal. I would certainly agree with the Director of Public Prosecutions that there should, as far as possible, be a clearly understandable rationale for sentencing. I believe that this would be the view of the Judiciary also.

In this regard, I can inform the Deputy that a range of measures are in train with this end in view. The Judicial Studies Institute, which has significant funding available to it, organises seminars and training for Judges where matters such as sentencing can be addressed. Following on a recent report by a committee chaired by Mr. Justice Fennelly of the Supreme Court steps have been taken to improve the dissemination of decisions of the Court of Criminal Appeal. Again, one of the terms of reference I have given to the Group which I recently established to examine ways of rebalancing the criminal justice system is to look at the question of allowing the Director Public Prosecutions to make submissions to the Court as to appropriate sentences.

A very significant step in the area of sentencing was the decision by the Board of the Courts Service to establish a Steering Committee to plan for and provide a sentencing information system. The Committee, which is composed of four members of the Judiciary and an academic expert, reviewed systems of this nature around the world and decided to establish a pilot project in the Circuit Court in Dublin. Two researchers have been selected to collate information on sentencing outcomes in cases on indictment in designated Courts in accordance with criteria specified by the Committee. When the Steering Committee completes its work, further consideration can be given to the question of compiling a database of information on criminal sentences and the resources that may be needed for this purpose.

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