Written answers
Tuesday, 23 July 2024
Department of Justice and Equality
Sentencing Policy
Marian Harkin (Sligo-Leitrim, Independent)
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1500.To ask the Tánaiste and Minister for Justice and Equality for a timeline for the publication of clear sentencing guidelines by the Judicial Council; and if she will make a statement on the matter. [31659/24]
Helen McEntee (Meath East, Fine Gael)
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The Judicial Council Act 2019 provided for the establishment of the Sentencing Guidelines and Information Committee of the Judicial Council.
Its functions include the preparation of draft sentencing guidelines and the monitoring of the operation of those guidelines, together with the collation of information on sentences imposed by the courts and the dissemination of that information to judges and others.
As per Section 6 of the Judicial Council Act, the Judicial Council is, subject to the provisions of the Act, independent in the exercise of its functions. The Minister has no role in relation to the operation of the Council or its Committees.
The Judicial Council has advised that the current priority for the committee is the development of two guidelines in relation to domestic and relationship violence cases and cases involving dangerous/careless driving causing death.
The process for sentencing guidelines as provided for in Section 91 of the Judicial Council Act, 2019, envisages that the Sentencing Guidelines and Information Committee drafts these guidelines and then furnishes them to the Board of the Judicial Council for subsequent adoption by the entire Judicial Council.
The Council has further indicated that the Committee intends to provide a first draft of the sentencing guidelines in relation to domestic and relationship violence cases to the Board of the Judicial Council by the end of the year. The Council have published an executive summary on their website available at:
Draft sentencing guidelines in relation to dangerous/careless driving causing death are expected to be furnished shortly after that.
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