Written answers

Wednesday, 19 March 2025

Department of Justice and Equality

Sentencing Policy

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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1222. To ask the Tánaiste and Minister for Justice and Equality the evidence framework that was utilised in the decision to increase sentences for knife crimes. [12852/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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There are no quick-fix solutions to tackling knife crime. Long term, evidence-based strategies are needed to address knife crime as part of a wider strategic response to anti-social behaviour, street violence, youth offending and domestic violence.

A sub-group of the Anti-Social Behaviour Forum, chaired by then Minister of State Browne, was established to consider further action to tackle knife crime in our communities in 2021. As part of the process, the Department engaged in consultations with An Garda Síochána and the Office of the Director of Public Prosecutions to discuss potential responses.

An Garda Síochána undertook research on what other jurisdictions are doing to combat knife crime post-Covid. The Garda Síochána Analysis Service also collected HSE data on incidents reported to them regarding injuries sustained with a knife. Additionally, as part of the broader Youth Justice Strategy approach, the Department committed to further work with marginalised young people who may carry knives.

In addition to other measures, the group recognised that there is also a need for a comprehensive and robust legal framework with respect to knife crime, including heavy penalties for breaches of the laws concerned. Among the recommendations approved was an increase to a number of the existing penalties for knife crime.

These were implemented through the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024, which was signed into law in July 2024. Part 9 of this Act, which increases the penalties for certain offences under the Firearms and Offensive Weapons Act 1990, was commenced in September 2024.

The maximum penalty for the offences of possession of a knife with the intention of unlawfully intimidating or injuring another person, trespassing with a knife, and producing a knife while committing or appearing to be about to commit an offence, increased from five years to seven years imprisonment. The maximum penalty for the offence of manufacturing, importing, selling, hiring or lending offensive weapons increased from seven years to ten years.

In addition, the Government doubled the maximum penalty for ‘assault causing harm’ under section 3 of the Non-Fatal Offences Against the Person Act 1997 from five to ten years imprisonment in 2023. While the more serious offence of ‘causing serious harm’ under section 4 of that Act already carries a potential life sentence, many assaults, including those involving knives, are prosecuted at a lower level. This increase ensures that courts have the necessary sentencing powers to reflect the severity and impact of such crimes.

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