Category: Sanctions

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. In […]

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 […]

Consider Community Service The Criminal Justice Community Service Amendment Act 2011 introduces a requirement for the court before which an offender is convicted of an offence for which a sentence up to 12 months would be appropriate to consider the alternative sentence of a community service order. If the court is satisfied that the below […]

The Criminal Justice Act 2006 makes formal provision for a sentencing framework. Suspended Sentence 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Fines The Fines Act has standardised and indexed fines against inflation.  It creates classes. A to E ranging from a €500 maximum to a €5,000 maximum fine.  It indexed linked existing statutes, uplifting the permissible fine for inflation, by different multiples, depending on the era in which they were enacted. Where a fine has been […]