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 […]
Overview The main purpose of the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 to transpose Council Framework Decision 2009/829/JHA on the application of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention. T The effect of the Act is to provide for an Irish resident who is charged with an offence while in another Member […]
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 […]
Compensation Order Over the last 30 years, the courts have been given significant jurisdiction to make ancillary orders upon conviction for criminal offences. Courts may make a compensation order under the Criminal Justice Act 1993. Subject to the provisions of the legislation upon the conviction of any person for an offence, the court in addition to dealing with him in any other way may unless […]
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. The Criminal Justice Act 1993 introduced the possibility of the DPP applying to the Court of Criminal […]
Sexual Offences In the case of sexual offences, offences involving violence, a threat to a person or an offence of attempting or conspiring to commit or aid, abet, counsel or procure any of the above offences, the court in determining the sentence to be imposed, shall take account where necessary and receive evidence and submissions concerning any effect, whether long term or otherwise of the […]
Compensation The Criminal Justice Act 1993 provides generally, for orders of payment of compensation to victims. Payment of compensation may be a condition of an order under the Probation of Offenders Act. Certain other legislation provides specifically for orders for payment of compensation as a possibility on conviction. For example, the Criminal Damage Act makes specific provisions in this regard. The 1993 Act provides a […]
Personal Circumstances A person’s financial circumstance in the below context refers to the amount of their income, the value of their assets, the value of their liabilities and value of monies owing to them and other appropriate circumstances. The court is to ensure insofar as practicable, in imposing a fine that the effect of the fine on the person and his dependants is not significantly […]
Imprisonment Capital punishment, corporal punishment and imprisonment with hard labour are prohibited. Imprisonment is the harshest sentence that may be imposed. Below imprisonment, fines constitute the principal sanction. Some types of offences carry consequential disqualification or forfeitures, which may have serious consequences in the circumstances. The former distinction between penal servitude and that of imprisonment was abolished in 1997. In practice, there had been no […]
Conditions for Expiry The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 provides for spent convictions. Where a person is convicted in one offence, either before or after commencement of legislation and the below conditions are satisfied, then the conviction is regarded as spent. The following conditions are applicable: the person must be a natural person over 18 at the date of the commission […]
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. […]
Modernisation Fines are the most commonly used punishment/sanction. Traditionally fines have been specified by legislation. The level of monetary fines had become entirely out of date because of inflation in many cases. The Fines Act 2010 modernised the law on fines. In particular, it modernised the level of fines in the older statutes to allow for the fall in the value of money. Criteria In […]
General Once a person has been convicted of a crime or offence, the judge usually has very wide discretion in relation to sentencing. The relevant legislation will usually state the maximum fine or custodial sentence. The range of sanctions available will depend on the statute creating the offence and general statutory provisions on sentencing. In the case of less serious offences, a fine only may […]
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 even when consisting of no other further violence than the act of rape itself. 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 […]
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, […]
Overview The Probation of Offenders Act allows the Court to dispose of an offence that is subject to punishment without recording a conviction. Under the Act, the Judge may dismiss the charge or discharge the offender conditionally. The purpose of the legislation is to try to avoid the recording of a conviction and allow a person who would otherwise be convicted, a chance to reform […]
Reform The 2010 Act defines financial circumstances which the court has to take into account in deciding the level of a fine a person must pay. This is relevant to determining the person’s capacity to pay. It is also relevant to granting an extension of time for the payment of a fine by instalments. The Fines (Payment and Recovery) Act 2013 further modernises the law […]
Community Services Orders Community service orders were introduced in the mid-1980s. A community service order may be made by any court other than the Special Criminal Court. The convicted person must be over 16 years. The offence must be of a type that in the opinion of the court is appropriate for community service. The legislation was extended so that orders may be made by […]
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 […]
Suspended Sentence The Criminal Justice Act 2006 made formal provision for a sentencing framework. Where a person is sentenced to a term of imprisonment other than a mandatory term, the court may make an order suspending the sentence in whole or in part, subject to them entering into a recognisance to comply with the conditions imposed. It should be a condition of the order that […]
Overview The jurisdiction to bind a person to the peace or good behaviour is ancient and was recognised by statute in the 14th century. The Courts Acts provide that the jurisdiction may be exercised by the judges of the District Court, the Circuit Court and Superior Courts. The jurisdiction is most exercised in the District Court. Notwithstanding any other legislation where power is conferred on […]
General The Criminal Justice Act 2006 provides for antisocial behaviour orders. This is separate from the Children Act which makes similar provisions for behaviour orders in relation to children. A person behaves in an antisocial manner if he causes or in the circumstances is likely to cause to one or more persons who are not in the same household as the person harassment. significant or […]
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 […]
Background Probation is an alternative sanction to custody. It is a significant feature of Irish criminal justice. The numbers of persons on probation generally significantly exceed the number of persons in custody. Probation legislation dates from the beginning of the 20th century. The Probation of Offenders Act provides an alternative to conviction Probation has a more informal, 19th century background. Voluntary societies sought to provide […]
Prohibition Vicinity Premises The court may make an order under the Criminal Justice Public Order Act providing that the person convicted may be prohibited from entering or being in the vicinity of specific premises which includes a licenced premises or seller of food. The vicinity is a distance up to 100 metres, not exceeding 100 meters. The period specified is not to exceed 12 months. […]
Drug Trafficking The Criminal Justice Act 1994 made provision for confiscation and forfeiture orders. Where a person has been sentenced or otherwise dealt with for drug trafficking offences, the court is obliged to determine if the person has benefited from drug trafficking. The court may choose not to make a determination if it is satisfied having regard to be means of the offender and circumstances, […]