Sanctions Custodial

Remission A prisoner who has been sentenced to imprisonment or consecutive imprisonment is to be eligible for remission of sentence not exceeding a quarter of the term. A prisoner who has engaged in authorised structured activity may apply to the Minister for enhanced remission.  The application should be made, not earlier than six months prior to the date the prisoner would be released, if enhanced […]

Guiding Principles The  paramount consideration for the Parole Board in every case is the safety of the community. It also sets out the following guiding principles: obligation to take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the person whose parole is being considered, information […]

Repeat Offenders The 2019 Act set out the arrangements for sentencing for repeat sexual offenders. The 2019 Act inserts a Schedule into the Criminal Law (Sexual Offences Act 2017. The Schedule lists the offences to which the provisions of the above provisions  apply. All of the scheduled offences are sexual offences of a serious nature where the maximum penalty on conviction on indictment is five […]

Assault There is a range of assault offences. Assault contrary to section 2 of the Non-Fatal Offences Against the Person Act, 1997 is a summary offence only. Assault causing harm may be tried either summarily or on indictment. Assault causing serious harm is an indictable offence. The maximum sentences are respectively, six months, five years and imprisonment for life. The circumstances of assault will vary […]

Special Criminal Court The  Special Criminal Court operates under the Offences against the State Act.  It is brought into force by a resolution of Dail Eireann.  The Special Criminal Court was reconstituted in 1972 and has remained in force since. The Special Criminal Court may be constituted if and whenever and so often as the government is satisfied that the ordinary courts are inadequate to […]

District Court The Criminal Justice Act, 1951 provides that the District Court may not impose a sentence of imprisonment of more than two years. In practice, the maximum sentence which may be imposed by a court of summary jurisdiction is frequently capped at 12 months and in some cases, less. Ancillary Orders The 2006 Criminal Justice Act provides a statutory basis for certain aspects of […]

Required Approach An offender is sentenced only for offences to which he has pleaded guilty or been convicted.  He may request other offences to be taken into consideration.  The judge may take account of the totality of circumstances. He should state the basis on which the sentence is being imposed, in accordance with the general constitutional and human rights obligations, to give reasons for decisions. […]

Overview Mandatory sentences have been an increasing feature of Irish criminal legislation in the 21st century. Ireland has relatively few mandatory sentences. Murder has long since carried a mandatory life sentence irrespective of the circumstances. Certain drugs and firearms offences are subject to mandatory prison sentences of substantial duration. A “Section 15A” drug offender must be sentenced to at least 10 years. This applies to […]

Rape Rape is regarded as one of the most serious crimes in criminal law. It is recognised as causing bodily harm and emotional, psychological damage which may be long-term. Sexual offences are recognised as being of the utmost seriousness. Many offenders are repeat offenders. In recent decades, the phenomenon of multiple offences,  often involving events that occurred many years before, have been common, particularly in […]

Murder Murder is subject to a mandatory sentence of imprisonment for life. If a person is convicted of murder, the judge has no further role than the imposition of the mandatory life sentence. The life sentence does not carry the possibility of remission. However, a life prisoner may be subject to early release under the Criminal Justice Act 1960. Capital Murder Until 1990, the death […]

Burglary Burglary is regarded as a very serious offence. It may be tried summarily or on indictment. The Criminal Justice (Burglary of Dwellings) Act 2015 makes special provision in respect of sentencing for burglary. Burglary is punishable with a fine and a maximum term of 14 years imprisonment or both. A person, who commits burglary while having a firearm ,weapon or explosive in his possession, […]

Range of Offences Controlled drugs offences range from possession of relatively innocuous drugs for personal use to possession of hard drugs for the purpose of supply. They also includes offences aimed against large-scale organised drug supply. Possession of drugs is significantly less serious than supplying. Introducing a non-user to drugs is more serious than supplying an existing user. Possessing and supplying hard drugs is more […]

Overview Mandatory sentences were  an increasing feature of Irish criminal legislation in the 21st century. Ireland has relatively few mandatory sentences. Murder has long since carried a mandatory life sentence irrespective of the circumstances. Certain drugs and firearms offences are subject to mandatory prison sentences of substantial duration. A “Section 15A” drug offender must be sentenced to at least 10 years. This applies to an […]