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Stephen McCullagh was handed a 31-year tariff by a judge in Belfast Crown Court. PSNI/PA Images
Criminal Law
Why does Ireland not have longer minimum term life sentences, like in Northern Ireland?
The question comes following the 31-year life sentence of Stephen McCullagh for murder in Northern Ireland this week.
STEPHEN MCCULLAGH WAS handed down a life sentence for the murder of Natalie McNally on Wednesday, as Mr Justice Kinney imposed a tariff of 31 years on him at Belfast Crown Court.
This is the minimum term McCullagh must serve in custody before he can be considered for release by the Parole Commissioners.
In the Republic of Ireland, however, a prisoner given a life sentence must serve at least 12 years in prison before being considered for parole by the Board.
Prisoners serving very long sentences, including life sentences, are normally reviewed on a number of occasions over a some years before any substantial concessions would be recommended by the Board.
The length of time spent in custody by offenders serving life sentences can vary substantially here.
But why doesn’t the Republic of Ireland have a system similar to that of Northern Ireland, which has a longer minimum term for a prisoner to serve in custody?
The Journal spoke to Thomas O’Malley, Senior Counsel, member of the Inner Bar of Ireland and author of books on sentencing in Ireland, to find out.
“The answer is that here in Ireland, the mandatory sentence for murder is life imprisonment. A person given that sentence will not typically spend their entire life in prison.
“A life prisoner becomes eligible to be considered for parole after serving 12 years in custody.”
He added that in practice, however, “they are unlikely to be released at that point, the entitlement is merely to be considered. Most lifers will have served about 20 years before being conditionally released. They may be recalled to prison if they breach a term of their release.”
He details how the Irish law system varies to others, “In England and Wales and Northern Ireland, murder also carries a mandatory life sentence, but the trial judge must also specify a minimum term the offender must serve before being eligible for parole.
“The starting points for this purpose range from 15 years to 30 years, though a whole life order is also possible.”
He explains that Ireland currently does not have such a law, but outlines that “in 2024 the Government published the general scheme of a Life Sentences Bill which will allow judges to recommend the minimum term to be served by a person given a life sentence before being eligible for parole.”
If this bill is enacted, the judge’s recommendation will be merely that, rather than an order. The final decision on release will remain with the Parole Board.
This 2024 measure is not yet part of the law. At present, it is just a government proposal.
O’Malley believes that this bill was proposed on the back of a recommendation of the Law Reform Commission, which produced a report on Mandatory Sentencing in 2013.
He explained that a majority of that Commission “favoured retaining the mandatory life sentence for murder, but allowing trial judges to recommend the minimum period an offender convicted of murder should serve before being eligible for conditional release on parole.”
While the momentum for change for life imprisonment sentences in Ireland is apparent as a result of the government’s 2024 bill, no amendments for sentencing can happen without the relevant Oireachtas legislation to pass.
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