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PROPOSED LEGISLATION THAT would allow judges to recommend minimum prison terms when handing down life sentences has been approved by Cabinet, the Government has announced.
Minister for Justice Helen McEntee has today published a general scheme of the Life Sentences Bill 2024, which will now pass to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny.
The Department of Justice said the Government will also engage with the Office of Parliamentary Counsel to progress the drafting of the Bill.
Life sentences in Ireland mean an average of just over 21 years in jail, with judges unable to prescribe minimum jail terms in conjunction with them.
McEntee had signalled her intention to bring forward such legislation when she announced her Justice Plan 2022, promising to give judges more discretion in setting minimum sentences.
The government has said judges may be able to set the minimum at “25, 30 years or even longer “.
The average length of a jail term for a life sentence has increased over time, from 12 years from 1985 to 1994 to the current average of 21.25 years.
According to a Government statement, the Life Sentences Bill 2024 – when fully drafted and pending approval by the Oireachtas – would give sentencing judges “a formal role in informing decisions on the release of life-sentenced prisoners on parole”.
It added that when sentencing, “judges will make a recommendation on what minimum term should be served in prison before parole is granted”.
The Parole Board will then have to take that recommendation into account in making its decisions but the recommendation will be non-binding.
“The Parole Board will continue to be responsible for deciding when a person will be released,” the statement said, adding that a prisoner will not be automatically released after the judge’s recommended minimum term has been served.
Today’s announcement continues a legislative agenda on the part of the Government to come down harder on serious crime. There has been public backlash to some sentences issued for violent crime that many among the public have seen as too lenient.
Speaking to reporters this morning on the announcement the Taoiseach Simon Harris said “I think this is a major, significant legislative reform”.
He said it would empower the judiciary to “send a very clear message on behalf of society, that some crimes are so heinous that they would recommend a minimum tariff that should be spent in prison before parole becomes realised”.
Minister McEntee added that she had listened to victims, victims groups and the judiciary in putting forward this Bill and said “it is absolutely essential that when a person commits a crime that punishment matches the crime”.
She said that “it will be a legal obligation on the parole boards to take into consideration the recommendation that the judge has given at the time of sentencing”, adding that the change will “build on many other reforms that have been implemented to date”.
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What about introducing financial penalties along with increased sentences. Criminals paying substantial damages to victims of crime, even if that means seizing their assets or making them, in extreme cases, homeless. Holding parents responsible for their Under 16′s in order to minimise social crime. Violent rioters and social media outlets paying for burning buildings and garda cars etc instead of giving the taxpayer the bill. Hit them where it hurts most, just like they do to ‘victims’.
@BarryH: Not sure how the legal system works in that respect but wouldn’t that be a separate, civil case besides the criminal one to award a monetary fine?
@Athena: Most of the laws we have in place are leftovers from Brit rule. Irish ?legislators? couldn’t be bothered on updating them to suit modern society and then we have, as far as I can see, data protection rules, that seem to favour the people ie right / left wing criminals and social media sites, that aim to disrupt society instead of protecting society. If the legislators were doing their job they would make ‘exceptions’ to the laws.
E.G. The Gardai told Instagram to take down the online threats made to Simon Harris and give them the name of the culprit. Instagram replied that that would be in breach of the culprits rights. He is Taoiseach and can ‘ legislate’ Does Simon not think that the common man should be protected more than the criminal?????????
I want to feel sympathy for politicians who are abused but it is in their hands and their fault. They could save the taxpayer millions in libel cases.
About time, a huge step forward!!!!
For heinous cases involving fatalities of course the presiding Judge, having heard all the evidence, should be able to nominate/ sentence with a ‘minimal’ tariff
Life should mean life.
All well and good going forward,Helen nicely done. Maybe find somewhere to put criminals that get tru the revolving door!!!
And judges should be elected.
@AnthonyK: they are. We’ve devolved that role to our elected representatives. Or do you mean like the US system which has proven to more about politics then the rule of law?
@Paul C: Nolan??
There should be minimum sentecens for a lot more crimes. Now its a toss if you have judge Nolan for a suspended sentence or another one for a much harder punishment.
@hans vos: Just go online prior to your trial… he’ll prob give you a high five. A disgrace of an individual.
“minimum”—- not——’minumal’
@Buster Lawless: you’ll need to tell that to the likes of Judges Nolan and O’Donnell not us.
Ain’t much good if the likes of Martin Nolan won’t even lock them up on normal sentences!!
@Michael o connor: Don’t get me started… an absolute disgrace that he’s still on the Bar.
‘Life incommunicado’ in a communications age. I.e., never again permitted to use a phone, computer or any communication device. In this day and age, that would hurt. And take their shoes too. And toss their hair while you’re at it.
@Paul C: Judges should go before the electorate and show what they did to uphold the law and make the society better.
There’s no need for this, sure isn’t Dublin a safe city!
We need to build more prisons so criminals can be given proper sentences. Criminals with 50-100 previous conviction should not be walking the streets for a very long time. Also SA sentences in this country are an absolute joke. 8 years for rape is a ridiculous. I don’t blame some women for not reporting these crimes. Also we need far more consecutive sentences.
have your say