Written answers
Tuesday, 18 February 2025
Department of Justice and Equality
Sentencing Policy
Paul Gogarty (Dublin Mid West, Independent)
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527. To ask the Tánaiste and Minister for Justice and Equality if there are any planned legislative changes to Section 4 of the Criminal Justice (Public Order) Act 1994, for increased or harsher sentencing for re-offenders of violent crimes; and if he will make a statement on the matter. [5577/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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It is important to emphasise firstly that the conduct of any court case is a matter entirely for the presiding judge. Judges are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, including sentencing.
The Judicial Council Act 2019 established an independent Judicial Council, and, within that body, a Sentencing Guidelines and Information Committee was established in 2020. Its functions include the preparation of draft sentencing guidelines and the monitoring of the operation of those guidelines, together with collating information on sentences imposed by the courts and the dissemination of that information to judges and others. The Judicial Council is independent in the exercise of its functions and, as Minister for Justice, I have no role in relation to the operation of the Judicial Council or its Committees. However, in line with the Programme for Government, I do intend to review the sentencing guidelines legislation.
In addition, the Programme for Government contains a commitment to review and update the Public Order Acts, including in relation to sentencing, and ensure Gardaí have the power they need to manage public order situations and this is receiving consideration in my Department. Also, as part of a sustained effort to strengthen criminal law in dealing with serious crimes, the proposed Life Sentences Bill will allow judges to recommend a minimum period to be served in custody before a person is released on parole, reflecting the circumstances of the case. The Government approved the drafting of the Bill last July and work is underway to progress it.
While a life sentence can be imposed for the offence of causing serious harm under section 4 of the Non-Fatal Offences Against the Person Act, 1997, many assaults are prosecuted at the lower levels and, in 2023, the maximum penalty for assault causing harm under section 3 of that Act was increased from five years to 10 years. This is one of the most commonly prosecuted violent offences, and arises particularly in relation to domestic violence.
The maximum sentence for assaulting peace officers, including Gardaí and prison officers, has also been increased from 7 years to 12 years, sending a very clear message that attacks on our frontline workers will not be tolerated.
Peadar Tóibín (Meath West, Aontú)
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528. To ask the Tánaiste and Minister for Justice and Equality the number of sentences served concurrently in each of the past ten years; and whether he will seek a change in the law to prevent sentences being served concurrently. [5596/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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It is important to emphasise that the conduct of any court case is a matter entirely for the presiding judge. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, including sentencing.
The Judicial Council Act 2019 provided for the establishment of an independent Judicial Council, and, within that body, a Sentencing Guidelines and Information Committee, which was established in 2020.
Its functions include the preparation of draft sentencing guidelines and the monitoring of the operation of those guidelines, together with the collating of information on sentences imposed by the courts and the dissemination of that information to judges and others. The Judicial Council is independent in the exercise of its functions and, as Minister for Justice, I have no role in relation to the operation of the Judicial Council or its Committees.
The Sentencing Guidelines and Information Committee intends to produce guidelines for specific offences and classes of offences, as is contemplated by section 91(1) of the Judicial Council Act 2019.
In line with the Programme for Government, I intend to review the sentencing guidelines legislation.
Regarding the number of sentences served concurrently in each of the past 10 years, I am informed that it has not been possible for the Irish Prison Service to collate the requested information in the allocated timeframe. I will forward this information directly to the Deputy upon receipt.
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