Written answers

Thursday, 1 April 2010

Department of Justice, Equality and Law Reform

Sentencing Policy

4:00 am

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 107: To ask the Minister for Justice, Equality and Law Reform the data available on the consistency of sentencing for crimes of a similar profile; and his plans to ensure that the courts are more consistent in the approach they take particularly in relation to crimes for which there is a mandatory sentence. [14357/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The judiciary has been developing a system to gather relevant criteria and access information about the range of sentences and other penalties which have been imposed for particular types of offence. This will be a valuable support to judges when considering the sentence to be imposed in an individual case. The project is overseen by a steering committee, established by the Courts Service Board and chaired by Mrs. Justice Susan Denham of the Supreme Court. I understand a number of pilot projects have been run in several court jurisdictions, including Dublin, Cork and Limerick Circuit Criminal Courts; the Dublin District Court and the Court of Criminal Appeal. The outcomes will be reviewed and assessed by judges prior to final evaluation and establishment of a website. I understand it is envisaged that, in addition to the case content, which is being compiled following consultation with the Data Protection Commissioner, the website will contain references to leading cases on sentencing, summaries and links to significant judgments on sentencing law, some statistical data and academic material on sentencing.

The issue of mandatory sentences, or more accurately, presumptive minimum sentences continues to generate a certain amount of debate. I have contacted the Attorney General in regard to this matter who has formally requested the Law Reform Commission to examine the issue of mandatory sentencing generally. I understand that this issue is to be included in the Commission's programme of work for 2010.

I should add that the Criminal Justice Act 1993 (as amended by section 23 of the Criminal Justice Act 2006) provides that the Director of Public Prosecutions may, where it appears to him that a sentence imposed by a court for a crime on indictment is unduly lenient, apply to the Court of Criminal Appeal to review the sentence. The Director of Public Prosecutions is, of course, independent in the carrying out of his functions.

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