Written answers

Tuesday, 22 September 2015

Department of Justice and Equality

Sentencing Policy

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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640. To ask the Minister for Justice and Equality her plans to introduce specific legislation to define strict sentencing terms for persons who assault a member of An Garda Síochána while they are in the course of their duty; and if she will make a statement on the matter. [31335/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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There is specific legislation in place to deal with assaults to front-line workers such as members of An Garda Síochána. Section 19 of the Criminal Justice (Public Order) Act 1994 (as amended by section 185 of the Criminal Justice Act 2006) provides that any person who assaults a "peace officer", including members of An Garda Síochána, acting in the execution of their duty is guilty of an offence and is liable on summary conviction to a fine or a term of imprisonment of up to 12 months or both, or on conviction on indictment to a fine or imprisonment for a term of up to 7 years or both. The maximum sentence was increased from 5 years to 7 years under the 2006 Act.

In addition, in the case of assault causing serious harm, an offender can be prosecuted under the Non-Fatal Offences Against the Person Act 1997 and could be subject to a maximum sentence of life imprisonment.

I am satisfied that the law already recognises the gravity of any attack on members of An Garda Síochána who are carrying out their duty and that the penalties in place reflect the seriousness with which such acts are viewed. I do not, therefore, have proposals for further legislation in this regard but the situation will be kept under review.

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