Written answers

Wednesday, 25 September 2013

Department of Justice and Equality

Sentencing Policy

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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28. To ask the Minister for Justice and Equality if he has considered introducing legislation with the objective of establishing a sentencing council that would issue sentencing guidelines to the Judiciary. [39760/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As the Deputy will no doubt appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, the role of the Oireachtas has been to specify in law a maximum penalty and 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. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient.

The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. ISIS is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families, and I very much welcomed the initiative led by the Judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information via the website. The Deputy may be aware that the ISIS committee are providing information on sentencing in relation to specific issues and a number of seminars have also been held.

The Deputy may also be aware that I have established a Penal Policy Review Group to carry out a review which will examine all aspects of penal policy including prevention, sentencing policies and alternatives to custody. I expect the Group to report later this year and I intend to publish that report.

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