CHILDREN WILL NO longer face a mandatory life sentence for murder or capital murder if they go on trial while they were under the age of 18, under new amendments approved by Cabinet today.

A High Court order this month ruled it was unconstitutional that children convicted of murder be handed down a mandatory life sentence if they turned 18 years old before sentencing.

A bill was brought forward at a meeting this morning by Minister for Justice Helen McEntee on foot of the recent Court ruling that seeks to “dis-apply” those mandatory life sentences.

The Criminal Justice (Amendment) Bill 2024 will ensure that those convicted of a murder they commit as a child are only handed down determinate sentences with fixed lengths, even if they turn 18 years old before being sentenced.

There are a number of upcoming trials dealing with this cohort.

The High Court application was made of behalf of solicitors for two teenagers charged with the murder of Tristan Sherry in December of last year. 

The case of 14-year-old Ana Kriegal, who was murdered by two thirteen-year-old boys in 2018, evoked debate over the sentencing of juveniles convicted of murder.

The boys were identified as Boy A and Boy B due to their age. Boy A was sentenced to life with a review after 12 years. Boy B was sentenced to 15 years with a review after eight years.

In the High Court judgement, Mr Justice Simons said that it was recognised that the age and maturity of juveniles before the courts accused of murder is a key factor in sentencing. 

Includes reporting by Jane Matthews