Written answers

Wednesday, 19 September 2012

Department of Justice and Equality

Sentencing Policy

Photo of Kevin HumphreysKevin Humphreys (Dublin South East, Labour)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Justice and Equality his views on the practice of taking into account previous good behaviour, character references and future potential to commit crimes when sentencing convicted criminals; if he has any intentions to introduce legislative reforms in this area [37877/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy will appreciate that judges are independent in the matter of sentencing as they are in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, 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. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.

There are, of course, a small number of situations where statute has created important exceptions to this approach most notably by providing for mandatory sentences for murder and presumptive minimum sentences in the case of certain firearms and drug trafficking offences. As you may already be aware, I announced only yesterday, an all encompassing strategic review of penal policy. I have established a working group to carry out this review in line with the recommendations of the Thornton Hall Project Review Group which published its report last year. The review will examine all aspects of penal policy including sentencing policies. I expect the Group to report by mid 2013 and the intention would be to publish their report. I will give careful consideration to any recommendations of the report when it is received. In advance of the report’s publication, it would be premature to propose any possible legislative changes.

Comments

No comments

Log in or join to post a public comment.