Written answers
Tuesday, 16 April 2013
Department of Justice and Equality
Sentencing Policy
Anne Ferris (Wicklow, Labour)
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To ask the Minister for Justice and Equality if he will address recent criticisms regarding the Criminal Justice Act as it related to the appropriateness of compensation as a mitigating factor in sexual assault sentencing; and if he will make a statement on the matter. [17629/13]
Alan Shatter (Dublin South, Fine Gael)
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It would appear that the Deputy's question relates to the Martin Tansey Memorial Lecture on 10 April last entitled "Throw Away the Key: Public and Judicial Approaches to Sentencing - Towards Reconciliation" and specifically, references made to section 6 of the Criminal Justice Act 1993. This provides for the making of a compensation order (on application or otherwise) against a convicted person by the court instead of or in addition to dealing with the person in any other way, unless it sees reason to the contrary. This was one of a range of topics relating to sentencing discussed in the course of the lecture.
In September 2012, I announced a strategic review of penal policy. A working group is carrying out this review which will examine all aspects of penal policy, including sentencing. I expect the group to report later this year. The speech delivered last week is a useful addition to the current debate on sentencing. I am also awaiting a report from the Law Reform Commission on the issue of mandatory sentencing and will not be making any decisions on sentencing policy until I receive both these reports.
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