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NIcky Ryan
Penal Reform

Judges to be able to set minimum life sentences as changes to Ireland's penal system announced

The plan is to keep non-violent offenders out of prison to reduce overcrowding.

JUSTICE MINISTER HELEN McEntee today published a review of Ireland’s prison system which intends to reduce re-offending and improve community safety.

Under the new plans, non-violent people who do not pose a risk of serious harm will only be sent to prison as a last resort. McEntee said this will help to reduce reoffending and overcrowding in prisons.

Judges will now also be able to set a minimum tariff for life sentences. In practice, this means that a judge could decide to impose a life sentence and stipulate that a minimum of 20, 25, or 30 years must be served.

McEntee explained: “The introduction of minimum tariffs for life sentences will ensure that judges can ensure that a convicted person will serve a minimum number of years before they are entitled to apply for parole. 

“Judges would have to take into account aggravating and mitigating circumstances.” 

Another issue the review makes recommendations on is reducing the use of short custodial sentences (especially sentences under 3 months) and exploring how the judiciary can be provided with a greater range of non-custodial sanctions.

McEntee said: “Community sanctions can play a role in addressing criminality, reducing reoffending and providing protection to the public while holding the individual accountable.

“Non-custodial sentences, which includes sentencing a person to undertake community service, means that a person can retain links to their own community which improves the chances that they will not re-offend.”

McEntee added that it makes more sense to keep non-violent people out of prison and allow the person to serve a sentence in their own community.

“So, where you have a person who is not a threat or does not pose a risk, community service might serve a person better than three months in prison. They’re less likely to lose their jobs, keep them in connection with the community that they need.

“But they’re still obviously receiving a punishment. So it’s about looking at the individual factors of the case. It’s about looking at whether or not prison is the best option here, not just for the perpetrator, but potentially for the community as a whole and how can we try and re divert people away from a life of crime.”

Reaction

The Irish Penal Reform Trust welcomed the review today and praised the “forward thinking” for making prison a punishment of last resort.

Saoirse Brady, Executive Director of the Irish Penal Reform Trust (IPRT),  said: ” The IPRT particularly welcomes the clear focus on community-based sanctions and alternatives to custody to ensure that people who commit a low-level offence do not have to serve a prison sentence.

“Not only will this save the taxpayer money, it will ensure that justice is delivered in a more appropriate and proportionate way while at the same time reducing levels of reoffending and supporting individuals to turn away from crime, ultimately to the benefit of society.”

Brady added that the plan to reduce the number of people sent to prison recognises the “disruptive impact that short sentences in particular can have on individuals”.

She added: “Removing people sentenced for short periods from the prison population can help to improve the management of prison services and means that people serving longer sentences should have increased access to better living conditions and relevant rehabilitative interventions.”  

With reporting by Tadgh McNally.

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