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. It commences on release from custody.
The governor of the prison or place of detention is to inform An Garda Síochána of the date when the person is to be released. Breach of the restriction is a summary offence punishable with a fine of up to €650 or prison up to three months or both. There is an appeal to the Circuit Court.
A licenced or catering premises in which there has been disorderly behaviour or from which a loud noise has emanated may be the subject of a closure order. Under the public order legislation, a conviction is not required. Breach of the order is subject to a fine of up to €3000 or six months imprisonment on summary conviction.
A person who is on premises without reasonable excuse while a closure order applies or having been requested to leave the premises to enable compliance refuses without reasonable cause to do so, is guilty of an offence. It is subject to a minimum fine of between 75 and €125.
Non-national offenders are sometimes barred from entering the State as a condition of a suspended sentence. The court may recommend a non-national to be deported. However, there is no formal power for imposing the sentences to impose deportation as a form of sanction.
A non-national may be given a suspended sentence on the condition, ththey leave the State indefinitely or for a period.
Under immigration legislation, the Minister for Justice may order any non-national to leave the State for a period and remain out of it. They may be ordered in respect of a person who is serving a term of imprisonment or whose deportation has been recommended by a court before which the person was indicted or charged with any crime or offence.
An order requiring a person to leave the State as in a condition of a suspended sentence, who is not lawfully in the State may be appropriate in some circumstances. It has been accepted as prospectively valid by the courts. However, it may be disproportionate where it is done under a threat of imprisonment where it has to serious effect on his family.
The judge has the power to recommend to the Minister that a person be deported under the above-mentioned provision. The period for which a person might be subject to a suspended sentence on condition that he be outside the State should be for a specific period and should be proportionate to allow for where there is a legitimate reason to return.
Citizens of the European Union generally have a right to reside in any EU State including the State. There are limited grounds for exclusion based on public policy and security. They must be strictly proportionate and based on the personal and particular circumstances of the person concerned.
There must be personal conduct such as to represent a threat to public policy or security to justify an order in respect of a European Union citizen.
Deportation to a State which jeopardizes a person’s human rights may be contrary to the European Convention on Human Rights guarantees and protection. See generally the sections on extradition and European extradition in relation to the principle as it applies in that context which would.
Mentally Ill Persons
Traditionally a person could be found guilty but insane. The Criminal Law (Insanity) Act modified the law considerably. See the separate section on criminal insanity and lack of capacity in the context of offences.
The Criminal Law (Insanity) Act provides for diminished responsibility. A person found guilty of murder who is suffering from a mental disorder shall be deemed guilty of manslaughter. This allows the court discretion in relation to sentencing.
The courts may take account of the effect of mental illness or disability on prisoners in terms of the sanction. They may be more likely to be victimised and bullied. They may be unable to undertake treatment programmes while in prison.
Preventative justice is not permissible under the Constitution. The fact that an accused suffers from a mental disorder does not permit a court to impose a sentence greater than that which would have been imposed, had he not suffered from that condition. Deterrence is an element in all sentencing but no more so than in case of persons who are not suffering from mental illness or disability.
The courts may make psychiatric treatment conditional probation orders. There is no formal provision in Ireland for psychiatric probation orders, as such.
Offenders who commit a serious offence while suffering from mental illness may be at risk of recommitting. This may be a factor against leniency. However, sentencing should not be specifically preventative in this sense and in accordance should be open to and allow for the possibility of other therapeutic detention under the mental health legislation.
The powers are not to be exercised unless the court finds that the relevant facts appears from the evidence given at the trial or from available documents or admissions.
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