{"id":1694,"date":"2021-08-04T07:39:11","date_gmt":"2021-08-04T07:39:11","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1694"},"modified":"2024-03-24T09:43:42","modified_gmt":"2024-03-24T09:43:42","slug":"sentencing-general","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/sentencing-general\/","title":{"rendered":"Sentencing General"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#General\" title=\"General\">General<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Summary_or_Indictment\" title=\"Summary or Indictment\">Summary or Indictment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Legal_Provisions\" title=\"Legal Provisions\">Legal Provisions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Proportionality\" title=\"Proportionality\">Proportionality<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Fine_or_Imprisonment\" title=\"Fine or Imprisonment\">Fine or Imprisonment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Serious_Offences_Prison_the_Norm\" title=\"Serious Offences; Prison the Norm\">Serious Offences; Prison the Norm<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Fair_Procedure\" title=\"Fair Procedure\">Fair Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Guilty_Plea\" title=\"Guilty Plea\">Guilty Plea<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Disability_and_Age\" title=\"Disability and Age\">Disability and Age<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Victim_Impact\" title=\"Victim Impact\">Victim Impact<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Consecutive_or_Concurrent\" title=\"Consecutive or Concurrent\">Consecutive or Concurrent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Previous_Convictions\" title=\"Previous Convictions\">Previous Convictions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/sentencing-general\/#Remorse_and_Reoffending\" title=\"Remorse and Reoffending\">Remorse and Reoffending<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#CRIMINAL_JUSTICE_ACT_1984\" title=\"CRIMINAL JUSTICE ACT 1984\">CRIMINAL JUSTICE ACT 1984<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Offences_committed_while_on_bail_consecutive_sentences\" title=\"Offences committed while on bail: consecutive sentences.\">Offences committed while on bail: consecutive sentences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Increase_of_aggregate_term_of_imprisonment_in_certain_cases\" title=\"Increase of aggregate term of imprisonment in certain cases.\">Increase of aggregate term of imprisonment in certain cases.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Failure_to_surrender_to_bail\" title=\"Failure to surrender to bail.\">Failure to surrender to bail.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Increase_of_penalties_for_certain_firearms_offences\" title=\"Increase of penalties for certain firearms offences.\">Increase of penalties for certain firearms offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Withholding_information_regarding_firearms_or_ammunition\" title=\"Withholding information regarding firearms or ammunition.\">Withholding information regarding firearms or ammunition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Maximum_fine_on_summary_conviction_of_certain_indictable_offences\" title=\"Maximum fine on summary conviction of certain indictable offences.\">Maximum fine on summary conviction of certain indictable offences.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#CRIMINAL_JUSTICE_ACT_1990\" title=\"CRIMINAL JUSTICE ACT, 1990\">CRIMINAL JUSTICE ACT, 1990<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Abolition_of_death_penalty\" title=\"Abolition of death penalty.\">Abolition of death penalty.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Sentence_for_treason_and_murder\" title=\"Sentence for treason and murder.\">Sentence for treason and murder.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Special_provision_in_relation_to_certain_murders_and_attempts\" title=\"Special provision in relation to certain murders and attempts.\">Special provision in relation to certain murders and attempts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Minimum_period_of_imprisonment_for_treason_and_murder_and_attempts_to_which_section_3_applies\" title=\"Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.\">Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Restrictions_on_power_to_commute_or_remit_punishment_or_grant_temporary_release\" title=\"Restrictions on power to commute or remit punishment or grant temporary release.\">Restrictions on power to commute or remit punishment or grant temporary release.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Procedure_in_cases_of_murder_and_attempts_to_which_section_3_applies\" title=\"Procedure in cases of murder, and attempts, to which section 3 applies.\">Procedure in cases of murder, and attempts, to which section 3 applies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Consequential_amendments\" title=\"Consequential amendments.\">Consequential amendments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Transitional_provisions\" title=\"Transitional provisions.\">Transitional provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Offences_punishable_by_ordinary_law\" title=\"Offences punishable by ordinary law.\">Offences punishable by ordinary law.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Trial_by_court-martial_of_treason_and_certain_murders_and_attempts\" title=\"Trial by court-martial of treason and certain murders and attempts.\">Trial by court-martial of treason and certain murders and attempts.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#CRIMINAL_JUSTICE_ACT_1993\" title=\"CRIMINAL JUSTICE ACT 1993\">CRIMINAL JUSTICE ACT 1993<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Review_of_certain_sentences\" title=\"Review of certain sentences.\">Review of certain sentences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Minor_and_consequential_provisions\" title=\"Minor and consequential provisions.\">Minor and consequential provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Effect_of_certain_offences_on_persons_in_respect_of_whom_committed\" title=\"Effect of certain offences on persons in respect of whom committed.\">Effect of certain offences on persons in respect of whom committed.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Evidence_through_television_link\" title=\"Evidence through television link.\">Evidence through television link.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Evidence_through_intermediary\" title=\"Evidence through intermediary.\">Evidence through intermediary.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Compensation_order\" title=\"Compensation order.\">Compensation order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Payment_of_compensation_to_District_Court_clerks_for_transmission_and_attachment_of_earnings_orders\" title=\"Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.\">Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Suspension_of_compensation_order_pending_appeal\" title=\"Suspension of compensation order pending appeal.\">Suspension of compensation order pending appeal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Effect_of_compensation_order_on_civil_proceedings\" title=\"Effect of compensation order on civil proceedings.\">Effect of compensation order on civil proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Service_of_documents\" title=\"Service of documents.\">Service of documents.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#CRIMINAL_JUSTICE_ACT_2006\" title=\"CRIMINAL JUSTICE ACT 2006\">CRIMINAL JUSTICE ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Definitions_Part_10\" title=\"Definitions (Part 10).\">Definitions (Part 10).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Power_to_suspend_sentence\" title=\"Power to suspend sentence.\">Power to suspend sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Imposition_of_fine_and_deferral_of_sentence\" title=\"Imposition of fine and deferral of sentence.\">Imposition of fine and deferral of sentence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Restriction_on_movement_order\" title=\"Restriction on movement order.\">Restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Electronic_monitoring_of_restriction_on_movement_order\" title=\"Electronic monitoring of restriction on movement order.\">Electronic monitoring of restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Variation_of_restriction_on_movement_order\" title=\"Variation of restriction on movement order.\">Variation of restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Provisions_regarding_more_than_one_restriction_on_movement_order\" title=\"Provisions regarding more than one restriction on movement order.\">Provisions regarding more than one restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Non-compliance_with_restriction_on_movement_order\" title=\"Non-compliance with restriction on movement order.\">Non-compliance with restriction on movement order.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Amendment_of_section_5_of_Criminal_Justice_Act_1951\" title=\"Amendment of section 5 of Criminal Justice Act 1951.\">Amendment of section 5 of Criminal Justice Act 1951.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Documentary_evidence_in_relation_to_offenders\" title=\"Documentary evidence in relation to offenders.\">Documentary evidence in relation to offenders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Temporary_release_of_prisoners\" title=\"Temporary release of prisoners.\">Temporary release of prisoners.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Documentary_evidence_in_relation_to_prisoners_on_temporary_release\" title=\"Documentary evidence in relation to prisoners on temporary release.\">Documentary evidence in relation to prisoners on temporary release.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Amendment_of_section_21_of_Criminal_Justice_Act_1960\" title=\"Amendment of section 2(1) of Criminal Justice Act 1960.\">Amendment of section 2(1) of Criminal Justice Act 1960.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Regulations_regarding_electronic_monitoring_devices\" title=\"Regulations regarding electronic monitoring devices.\">Regulations regarding electronic monitoring devices.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/sentencing-general\/2\/#Electronic_monitoring\" title=\"Electronic monitoring.\">Electronic monitoring.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"General\"><\/span>General<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Once a person has been convicted of a crime or offence, the judge usually has very wide discretion in relation to sentencing. \u00a0The relevant legislation will usually state the maximum fine or custodial sentence.<\/p>\n<p>The range of sanctions available will depend on the statute creating the offence and general statutory provisions on sentencing. \u00a0In the case of less serious offences, a fine only may be available. \u00a0In the case of more serious offences, imprisonment and\/or a fine are usually options.<\/p>\n<p>In addition, the court is may be entitled to make an order under the Probation of Offenders Act, compensation orders and community service orders. In some cases, the effect of sentence, such as disqualification in the case of intoxicated driving will have severe practical consequences. \u00a0The courts will have regard to these secondary consequences to some extent.<\/p>\n<p>A person should only be sentenced for offences of which he has been convicted or pleaded guilty.\u00a0 Offences may be taken into consideration under [section 8 Criminal Justice Act 1951].<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Summary_or_Indictment\"><\/span>Summary or Indictment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Offences and crimes prosecuted summarily in the District Court are generally subject to maximum sentences of 12 months or less or fines up to \u20ac5,000 euro at most.<\/p>\n<p>Certain offences may be tried in either the District Court or in the Circuit Court with a jury.\u00a0 The legislation will specify whether the prosecution, the accused or the court is the primary decision-maker or has the right of veto or say whether the offence is tried summarily in the District Court, rather than with a jury in the Circuit Court.<\/p>\n<p>Sometimes the consent of the accused and the DPP is required. The judge will often have to be satisfied that the offence is minor and is fit to be tried summarily. Most commonly the prosecution has the choice which will be determined by the seriousness in the circumstances, of the particular offence alleged.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Legal_Provisions\"><\/span>Legal Provisions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are general principles that have been developed at common law in relation to sentencing. The Criminal Justice Act 2006 provides a general framework.<\/p>\n<p>In more recent times, statute law has laid down various rules and principles in particular contexts, for example, in relation to consecutive and so-called mandatory sentences. \u00a0The Court of Appeal and the Supreme Court have laid down principles of sentencing both generally and in the context of the more serious offences.<\/p>\n<p>Legislation and court judgment have not laid down specific tariffs and recognise that the primary goal of the judge in considering the particular circumstances of the offence and the personal factors relative to the accused.<\/p>\n<p>The judge&#8217;s discretion is not unfettered. \u00a0The Superior Courts review sentences and if a custodial sentence is appropriate, it should be imposed.<\/p>\n<p>Except where there are mandatory sentences, a sentence of imprisonment may not necessarily be required.\u00a0 There is usually some element of judge&#8217;s discretion to cover individual cases.<\/p>\n<p>The Criminal Justice Act 2006 have provided for mandatory minimum sentences in the case of serious drugs and firearms offences.\u00a0 In some of these cases, there is some judicial discretion not to apply the mandatory sentence in exceptional circumstances.<\/p>\n<p>Murder is an exception to the general principle of the judge&#8217;s discretion in sentencing. \u00a0Life imprisonment is mandatory under the Criminal Justice Act 1990, without other possibilities.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Proportionality\"><\/span>Proportionality<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The general principle is that the punishment must fit the crime. \u00a0The sentence should be proportionate to the seriousness of the offence.\u00a0 \u00a0However, it should also take account of the circumstances of the offender. \u00a0Proportionality is also relevant in imposing fines and another non-custodial sentence.<\/p>\n<p>The courts indicate that a proportionate sentence should be calculated by first considering the seriousness of the offence on an overall scale. \u00a0Mitigation factors relative to the sentence may then be applied to reduce the sentence. \u00a0That is to say, mitigation should be applied to the proportionate sentence rather than the maximum sentence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Fine_or_Imprisonment\"><\/span>Fine or Imprisonment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Generally, there is a choice between a fine and\/or imprisonment. \u00a0Generally, a fine is more lenient than imprisonment. \u00a0See our separate chapter on fines.<\/p>\n<p>A custodial sentence may be specified in lieu of a fine. Fines legislation provides for custody in default of payment of a fine.\u00a0A suspended or deferred sentence is an intermediate possibility.<\/p>\n<p>It is generally considered the prison should be a last resort, reserved for the more serious offences. \u00a0However, this principle has not been clearly spelt out by the Irish statutes or caselaw.\u00a0 It, does, however, accord with common sense and appears to be implicit in the whole hierarchy of punishment. They may be aggravating or mitigating factors.<\/p>\n<p>The Court of Appeal may vary sentences on the grounds of undue leniency. \u00a0It will allow the judge who has heard the case a great deal of latitude in terms of his or her discretion on punishment. \u00a0However, a sentence appears so out of step with what the circumstances appear to require, it may change the sentence on the basis that an error has been made and inadequate consideration has been given to a particular factor.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Serious_Offences_Prison_the_Norm\"><\/span>Serious Offences; Prison the Norm<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are some very serious offences for which prison would be the norm.\u00a0 However, the courts recognize that even in the case of such crimes, except some circumstances may exist that justify a departure from this principle.<\/p>\n<p>Offences such as rape, serious assault and drug trafficking will ordinarily require prison sentences other than in highly exceptional circumstances.\u00a0 However, &#8211; in other cases the seriousness of the offence will depend on the entirety of the circumstances. \u00a0This will depend on factors such as the gravity of the offence, the impact on the victim, the impact on society, the previous record, character and circumstances of the accused.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Fair_Procedure\"><\/span>Fair Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The imposition of sentence is a public law function that has the most serious consequences for the convicted person. \u00a0Therefore, the general principles of fair procedure should apply to the imposition of the sentence.<\/p>\n<p>The judge as a public official must not act arbitrarily nor he may simply give up his discretion, by imposing rigid sentences for certain offences. \u00a0The personal and particular circumstances must always be considered and weighed. \u00a0The sentence should be fair and proportionate in the circumstances.<\/p>\n<p>A consequence of the fair procedure requirement is that the individual must have the right to put forward submissions after conviction.\u00a0 Similarly, the prosecution may put forward submissions and evidence. \u00a0Previous convictions which are generally not admissible in relation to the matter of guilt or innocence may be considered.<\/p>\n<p>In more serious cases psychological or probation reports will be appropriate and, in some cases, necessary. The sentence may be adjourned for the purpose of obtaining reports. In certain cases, it may be an error on which the Court of Appeal would set aside a sentence if there is a failure to obtain a report.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Guilty_Plea\"><\/span>Guilty Plea<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A plea of guilt, particularly at an earlier stage usually merits a discount on the appropriate sentence. The plea of guilt saves costs and promotes the efficient administration of justice. \u00a0It may save the victims, from the potential trauma of giving evidence. \u00a0It is also a recognition of guilt and acceptance which may indicate remorse.<\/p>\n<p>Account is taken of the stage at which the guilty plea is entered, in deciding the appropriate discount in the sentence. \u00a0This principle is specifically embodied in the Criminal Justice Act 1999. \u00a0Account is taken to both the stage in the proceedings and the circumstances in which the guilty plea is made.<\/p>\n<p>The legislation declares that the guilty plea does not preclude the court from imposing the maximum sentence if it is satisfied that there are exceptional circumstances which warrant that sentence. \u00a0The principal does not apply to a fixed sentence offence such as murder.<\/p>\n<p>The circumstances of the guilty plea are highly relevant to the extent of discount which may be allowed. \u00a0Cooperation with police and investigation merits mitigation. If a person is certain to be convicted because of overwhelming evidence, less discount is required than if the case would be more difficult to prove.<\/p>\n<p>However, credit is still merited because the person has saved the State a trial, which the accused is always within his rights to do, \u00a0to prove his guilt beyond a reasonable doubt in proceedings.\u00a0 For this reason, a person should not be punished additionally for having contested a charge.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disability_and_Age\"><\/span>Disability and Age<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The grounds upon which a person may be excused liability on the basis of mental disorder or insanity are relatively limited. \u00a0See our separate chapter in that regard.\u00a0 However, mental or physical disabilities that are insufficient to excuse the accused of the crime, may be relevant in sentencing. \u00a0They may reduce the blameworthiness of the accused.<\/p>\n<p>Account may be taken of the impact upon a person of his disability or advanced age.\u00a0 Sentences should seek to have equivalent impacts, so that where the consequences are more severe for an accused, all things being equal, a lesser sentence may be justified.<\/p>\n<p>A particular difficulty arising in this context is where the person&#8217;s disability makes it more likely that they will re-offend. \u00a0Proportionality and public safety must be balanced.<\/p>\n<p>A person with physical illness, disability or age may suffer a greater impact on imprisonment. \u00a0This may be a factor in mitigation.\u00a0 The issue has arisen in cases where elderly persons have been convicted of sexual offences, usually committed at a much earlier date.<\/p>\n<p>Custodial sentences shave been commonly imposed for elderly offenders although for much shorter periods than would otherwise be appropriate. \u00a0In some cases, the courts have suspended custodial sentences where they would cause exceptional hardship. \u00a0The absence of facilities in prisons may be relevant.<\/p>\n<p>Intoxication, duress or provocation play a limited role in excusing persons from criminal liability. \u00a0They may be relevant in the context of sentencing. \u00a0Intoxication may be both an aggravating factor or mitigating factor, for example, the latter, \u00a0where it tends to show the absence of premeditation or planning.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Victim_Impact\"><\/span>Victim Impact<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The impact on the victim is a relevant factor.\u00a0 The Criminal Justice Act 1993 specifically requires the court to take into account and where necessary, to receive evidence or a submission involving the impact on the victim, whether long term or otherwise.\u00a0 This is most relevant to sexual offences or threats of violence or violence.<\/p>\n<p>Evidence may be heard from the victim if he or she so requests. \u00a0The evidence must not be for the purpose of showing guilt of serious offences other than that for which the person was convicted.<\/p>\n<p>The victim impact statement should be given to the court and the accused in advance. \u00a0The accused should have the opportunity to make representations, \u00a0to object to the inclusion of matter that is not appropriate to victim impact.<\/p>\n<p>The 1993 Act applies to sexual and violent offences. The 2009 Criminal Procedure Act applies to victims under 14 suffering from a mental disorder, ill or otherwise incapacitated.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Consecutive_or_Concurrent\"><\/span>Consecutive or Concurrent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may order a person who has been convicted of more than one offence to be sentenced concurrently or consecutively. \u00a0This is a matter for the discretion of the court. \u00a0Concurrent sentences run at the same time whereas a consecutive sentence commences at the termination of the earlier sentence.<\/p>\n<p>Recent legislation has required mandatory consecutive sentences in the case of offences committed while on bail or during a term of imprisonment. Although the sentence may be required to be consecutive, the court may still suspend it.\u00a0 In the case of the District Court, the maximum length of sentence which it may impose remains two year even where consecutive sentences are imposed.<\/p>\n<p>The courts have generally held it to be appropriate, that concurrent sentences are imposed where the crimes happen in a single transaction or event. \u00a0Consecutive sentences are more appropriate and should be imposed in relation to separate actions and events. The principle is far from rigid and there may be arbitrary categorisation of what constitutes a single transaction or distinct event.<\/p>\n<p>The position might be clear where the offences are entirely distinct and, in such cases, consecutive sentences would be appropriate if not necessarily, mandatory.\u00a0 Where a number of offences arise from a single occasion, consecutive sentences may be more appropriate.<\/p>\n<p>Repeat offences often happen in sexual abuse case are less justifiable in terms of concurrent sentences. The courts may need to consider the overall circumstances in considering the entirety of the sentence.<\/p>\n<p>Where consecutive sentences are imposed which are excessive in total, a reduction may be made, even where the consecutive sentences are imposed by law.<\/p>\n<p>The commencement date for the sentence should be clearly identifiable in each case. This implies that the length of the earlier offence must clearly be stated.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Previous_Convictions\"><\/span>Previous Convictions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person&#8217;s previous good record is generally a mitigating factor. A previous good record is usually interpreted to mean the absence of previous convictions.\u00a0 A previous good character in terms of behaviour, contribution to family and community is relevant, as is his or her overall circumstances and history.<\/p>\n<p>The gravity of previous offences is relevant. \u00a0Certain offences such as road traffic offences may be of little or no consequence or be entirely disregarded.<\/p>\n<p>More distant offences may deserve less weight than more recent offences. However, multiple previous offences are an obvious aggravating factor.<\/p>\n<p>Previous convictions might be argued to be aggravating factors. \u00a0However, alternatively and the more commonly adopted approach is that their absence is a mitigating factor. It avoids the principle of double punishment which is a basic constitutional principle. \u00a0Previous conviction should be generally regarded as spent.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Remorse_and_Reoffending\"><\/span>Remorse and Reoffending<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The risk of reoffending is relevant to the imposition of a custodial sentence. The fact of repeated offences may show that there is a risk of reoffending and the consequent threat to society. This of itself is a factor in appraising appropriate punishment.<\/p>\n<p>Remorse may be a relevant consideration.\u00a0 This may include whether the accused has apologised or offered to pay compensation or whether he has cooperated with the Garda Siochana.\u00a0 There are different views on the extent to which remorse should be weighed as a factor.\u00a0 There may be difficulties in identifying genuine remorse.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE ACT 1984<\/h2>\n<p>Offences Committed while on Bail and other Offences<\/p>\n<h4>Offences committed while on bail: consecutive sentences.<\/h4>\n<p>11.\u2014F43[(1) Any sentence of imprisonment passed on a person for an offence\u2014<\/p>\n<p>(a) committed while on bail, whether committed before or after the commencement of section 22 of the Criminal Justice Act 2007, or<\/p>\n<p>(b) committed after such commencement while the person is unlawfully at large after the issue of a warrant for his or her arrest for non-compliance with a condition of the recognisance concerned,<\/p>\n<p>shall be consecutive on any sentence passed on him or her for a previous offence or, if he or she is sentenced in respect of two or more previous offences, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years.]<\/p>\n<p>(2) Subsection (1) shall not apply where any such sentence is one of imprisonment for life or is a sentence of detention under section 103 of the Children Act, 1908.<\/p>\n<p>(3) Subsection (1) shall apply notwithstanding anything contained in section 5 of the Criminal Justice Act, 1951.<\/p>\n<p>F44[(4) Where a court\u2014<\/p>\n<p>(a) is determining the sentence to be imposed on a person for an offence committed while he or she was on bail,<\/p>\n<p>and<\/p>\n<p>(b) is required by subsection (1) to impose two or more consecutive sentences,<\/p>\n<p>then, the fact that the offence was committed while the person was on bail shall be treated for the purpose of determining the sentence as an aggravating factor and the court shall (except where the sentence for the previous offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F43<br \/>\nSubstituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 22, S.I. No. 236 of 2007.<\/p>\n<p>F44<br \/>\nInserted (2.06.1998) by Bail Act 1997 (16\/1997), s. 10, S.I. No. 140 of 1998.<\/p>\n<h4>Increase of aggregate term of imprisonment in certain cases.<\/h4>\n<p>12.\u2014(1) Section 5 of the Criminal Justice Act, 1951 (which provides that, where two or more sentences passed by the District Court are ordered to run consecutively, the aggregate term of imprisonment shall not exceed twelve months) is hereby amended by the substitution, for \u201ctwelve months\u201d, of \u201ctwo years\u201d. In that section \u201cimprisonment\u201d shall include detention in Saint Patrick\u2019s Institution.<\/p>\n<p>(2) Section 13(1) of the Criminal Law Act, 1976 (which provides for consecutive sentences in the case of an offence committed by a person while he is serving a sentence) is hereby amended by the substitution, for \u201ctwelve months\u201d, of \u201ctwo years\u201d.<\/p>\n<h4>Failure to surrender to bail.<\/h4>\n<p>13.\u2014(1) If a person who has been released on bail in criminal proceedings fails to appear before a court in accordance with his recognisance, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F45[\u20ac5,000] or to imprisonment for a term not exceeding twelve months or to both.<\/p>\n<p>(2) It shall be a defence in any proceedings for an offence under subsection (1) for the accused to show that the he had a reasonable excuse for not so appearing.<\/p>\n<p>(3) For the purpose of section 11 an offence under this section shall be treated as an offence committed while on bail.<\/p>\n<p>(4) Where a person has failed to appear before a court in answer to his bail and the court has directed that a warrant be issued for the arrest of that person by reason of his failure to answer his bail, a member of the Garda S\u00edoch\u00e1na may arrest such a person notwithstanding that he does not have the warrant in his possession at the time of the arrest.<\/p>\n<p>(5) Where a person is arrested pursuant to subsection (4) the member arresting him shall as soon as practicable produce and serve on the said person the said warrant.<\/p>\n<p>F46[(6) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this section may be instituted within 12 months from the date on which the offence was committed.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F45<br \/>\nSubstituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 23(a), S.I. No. 236 of 2007. A fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F46<br \/>\nInserted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 23(b), S.I. No. 236 of 2007.<\/p>\n<h4>Increase of penalties for certain firearms offences.<\/h4>\n<p>14.\u2014(1) Section 15 of the Firearms Act, 1925, as amended by section 21 (4) of the Criminal Law (Jurisdiction) Act, 1976 (possessing firearm or ammunition with intent to endanger life or cause serious injury to property) is hereby amended by the substitution, for \u201cimprisonment for a term not exceeding fourteen years\u201d, of \u201cimprisonment for life\u201d.<\/p>\n<p>(2) Section 26 (1) of the Firearms Act, 1964, as amended by section 21 (6) (b) of the Criminal Law (Jurisdiction) Act, 1976 (possession of firearm while taking vehicle without authority) is hereby amended by the substitution, for \u201cseven years\u201d, of \u201cfourteen years\u201d.<\/p>\n<p>(3) Section 27 (2) of the Firearms Act, 1964, as amended by section 21 (6) (c) of the Criminal Law (Jurisdiction) Act, 1976 (use of firearm to resist arrest or aid escape) is hereby amended by the substitution, for \u201cimprisonment for a term not exceeding fourteen years\u201d, of \u201cimprisonment for life\u201d.<\/p>\n<p>(4) Section 27A (1) of the Firearms Act, 1964, inserted by section 8 of the Criminal Law (Jurisdiction) Act, 1976 (possession of firearm or ammunition in suspicious circumstances) is hereby amended by the substitution, for \u201cfive years\u201d, of \u201cten years\u201d.<\/p>\n<p>(5) Section 27B (1) of the Firearms Act, 1964, inserted by section 9 of the Criminal Law (Jurisdiction) Act, 1976 (carrying firearm with criminal intent) is hereby amended by the substitution, for \u201cten years\u201d, of \u201cfourteen years\u201d.<\/p>\n<h4>Withholding information regarding firearms or ammunition.<\/h4>\n<p>15.\u2014(1) Where a member of the Garda S\u00edoch\u00e1na\u2014<\/p>\n<p>(a) finds a person in possession of any firearm or ammunition,<\/p>\n<p>(b) has reasonable grounds for believing that the person is in possession of the firearm or ammunition in contravention of the criminal law, and<\/p>\n<p>(c) informs that person of his belief,<\/p>\n<p>he may require that person to give him any information which is in his possession, or which he can obtain by taking reasonable steps, as to how he came by the firearm or ammunition and as to any previous dealings with it, whether by himself or by any other person.<\/p>\n<p>(2) If that person fails or refuses, without reasonable excuse, to give the information or gives information that he knows to be false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F47[\u20ac5,000] or to imprisonment for a term not exceeding twelve months or to both.<\/p>\n<p>(3) Subsection (2) shall not have effect unless the accused when required to give the information was told in ordinary language by the member of the Garda S\u00edoch\u00e1na what the effect of his failure or refusal might be.<\/p>\n<p>(4) Any information given by a person in compliance with a requirement under subsection (1) shall not be admissible in evidence against that person or his spouse in any proceedings, civil or criminal, other than proceedings for an offence under subsection (2).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F47<br \/>\nSubstituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 48(c), S.I. No. 236 of 2007. A fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E30<br \/>\nPrevious affecting provision: subs. (2) amended (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 62, S.I. No. 390 of 2006; superseded as per F-note above.<\/p>\n<p>Withholding information regarding stolen property, etc.<\/p>\n<p>16.\u2014 F48[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F48<br \/>\nRepealed (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50\/2001), s. 3 and sch. 1, S.I. No. 252 of 2002, subject to transitional provisions in s. 65.<\/p>\n<h4>Maximum fine on summary conviction of certain indictable offences.<\/h4>\n<p>17.\u2014Section 4 (1) of the Criminal Justice Act, 1951, and section 13 (3) (a) of the Criminal Procedure Act, 1967 (each of which provides for a maximum fine of \u00a3100 on summary conviction of certain indictable offences) are hereby amended by the substitution, in each of those provisions, of \u201c\u00a31,000\u201d for \u201c\u00a3100\u201d.<\/p>\n<p>Inferences from Accused\u2019s Failure to Account for Certain Matters<\/p>\n<p>&nbsp;<\/p>\n<h2><\/h2>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL JUSTICE ACT, 1990<\/h2>\n<p>AN ACT TO ABOLISH THE DEATH PENALTY AND SUBSTITUTE IMPRISONMENT FOR LIFE, TO PROVIDE THAT A MINIMUM PERIOD OF IMPRISONMENT SHALL BE SERVED BY PERSONS CONVICTED OF TREASON OR OF CERTAIN CATEGORIES OF MURDER OR ATTEMPTS TO COMMIT ANY SUCH MURDER AND TO PROVIDE FOR OTHER CONNECTED MATTERS. [11th July, 1990]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Abolition of death penalty.<\/h4>\n<p>1.\u2014No person shall suffer death for any offence.<\/p>\n<h4>Sentence for treason and murder.<\/h4>\n<p>2.\u2014A person convicted of treason or murder shall be sentenced to imprisonment for life.<\/p>\n<h4>Special provision in relation to certain murders and attempts.<\/h4>\n<p>3.\u2014(1) This section applies to\u2014<\/p>\n<p>(a) murder of a member of the Garda S\u00edoch\u00e1na acting in the course of his duty,<\/p>\n<p>(b) murder of a prison officer acting in the course of his duty,<\/p>\n<p>(c) murder done in the course or furtherance of an offence under section 6 , 7 , 8 or 9 of the Offences against the State Act, 1939 , or in the course or furtherance of the activities of an unlawful organisation within the meaning of section 18 (other than paragraph (f)) of that Act, and<\/p>\n<p>(d) murder, committed within the State for a political motive, of the head of a foreign State or of a member of the government of, or a diplomatic officer of, a foreign State,<\/p>\n<p>and to an attempt to commit any such murder.<\/p>\n<p>(2) (a) Subject to paragraph (b), murder to which this section applies, and an attempt to commit such a murder, shall be a distinct offence from murder and from an attempt to commit murder and a person shall not be convicted of murder to which this section applies or of an attempt to commit such a murder unless it is proved that he knew of the existence of each ingredient of the offence specified in the relevant paragraph of subsection (1) or was reckless as to whether or not that ingredient existed.<\/p>\n<p>(b) Save as otherwise provided by this Act, the law and procedure relating to murder and an attempt to commit murder shall apply to the offence.<\/p>\n<p>(3) In this section\u2014<\/p>\n<p>\u201cdiplomatic officer\u201d means a member of the staff of a diplomatic mission of a foreign State having diplomatic rank;<\/p>\n<p>\u201cprison\u201d means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, section 7 of the Offences against the State (Amendment) Act, 1940 , section 233 of the Defence Act, 1954 , section 2 of the Prisoners of War and Enemy Aliens Act, 1956 , or section 13 of the Criminal Justice Act, 1960 ;<\/p>\n<p>\u201cprison officer\u201d includes any member of the staff of a prison and any person having the custody of, or having duties in relation to the custody of, a person detained in a prison.<\/p>\n<h4>Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.<\/h4>\n<p>4.\u2014Where a person (other than a child or young person) is convicted of treason or of a murder or attempt to commit a murder to which section 3 applies, the court\u2014<\/p>\n<p>(a) in the case of treason or murder, shall in passing sentence specify as the minimum period of imprisonment to be served by that person a period of not less than forty years,<\/p>\n<p>(b) in the case of an attempt to commit murder, shall pass a sentence of imprisonment of not less than twenty years and specify a period of not less than twenty years as the minimum period of imprisonment to be served by that person.<\/p>\n<h4>Restrictions on power to commute or remit punishment or grant temporary release.<\/h4>\n<p>5.\u2014(1) The power conferred by section 23 of the Criminal Justice Act, 1951 , to commute or remit a punishment shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder to which section 3 applies or an attempt to commit such a murder, be exercisable before the expiration of the minimum period specified by the court under section 4 less any reduction of that period under subsection (2) of this section.<\/p>\n<p>(2) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence passed on him on conviction of treason or of murder to which section 3 applies or an attempt to commit such a murder as if he had been sentenced to a term of imprisonment equal to the minimum period specified by the court under section 4 , and that period shall be reduced by the amount of any remission which he has so earned.<\/p>\n<p>(3) Any power conferred by rules made under section 2 of the Criminal Justice Act, 1960 (including that section as applied by section 4 of the Prisons Act, 1970 ), to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder to which section 3 applies or an attempt to commit such a murder, be exercisable during the period for which the commutation or remission of his punishment is prohibited by subsection (1) of this section unless for grave reasons of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by those reasons.<\/p>\n<h4>Procedure in cases of murder, and attempts, to which section 3 applies.<\/h4>\n<p>6.\u2014(1) Where a person is accused of murder to which section 3 applies or of any attempt to commit such a murder, he shall be charged in the indictment with murder to which that section applies or, as the case may be, with an attempt to commit such a murder.<\/p>\n<p>(2) A person indicted for murder to which section 3 applies may\u2014<\/p>\n<p>(a) if the evidence does not warrant a conviction for such murder but warrants a conviction for murder, be found guilty of murder,<\/p>\n<p>(b) if the evidence does not warrant a conviction for murder but warrants a conviction for manslaughter, be found guilty of manslaughter.<\/p>\n<p>(3) A person indicted for an attempt to commit a murder to which section 3 applies may, if the evidence does not warrant a conviction for such an attempt but warrants a conviction for an attempt to commit murder, be found guilty of an attempt to commit murder.<\/p>\n<h4>Consequential amendments.<\/h4>\n<p>7.\u2014The enactments mentioned in the First Schedule are hereby amended in the manner specified therein.<\/p>\n<h4>Transitional provisions.<\/h4>\n<p>8.\u2014(1) An offence of treason, capital murder or attempt to commit a capital murder, being an offence committed wholly or partly before the passing of this Act, shall be dealt with under the law in force before such passing, except that\u2014<\/p>\n<p>(a) if the offender is convicted of treason or capital murder, he shall be sentenced as provided for by this Act as if, in the case of capital murder, the murder were murder to which section 3 applies, and<\/p>\n<p>(b) if he is convicted of attempted capital murder, he shall be sentenced as if he had been convicted of attempted murder.<\/p>\n<p>(2) If, on an appeal against a conviction before the passing of this Act, of treason or capital murder the conviction is confirmed, the appeal court shall impose sentence as provided for by this Act as if, in the case of capital murder, the murder were murder to which section 3 applies.<\/p>\n<p>Repeals.<\/p>\n<p>9.\u2014(1) The enactments mentioned in the Second Schedule are hereby repealed to the extent specified therein.<\/p>\n<p>(2) The repeal by this Act of section 1 of the Offences against the Person Act, 1861 , shall not affect the operation of sections 64 to 68 of that Act.<\/p>\n<p>Short title.<\/p>\n<p>10.\u2014This Act may be cited as the Criminal Justice Act, 1990.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<p>Consequential Amendments<\/p>\n<p>Section 7.<\/p>\n<p>1. In section 2 of the Piracy Act, 1837 , \u201cand on conviction thereof shall be sentenced to imprisonment for life\u201d shall be inserted at the end of the section.<\/p>\n<p>2. Section 103 of the Children Act, 1908, shall have effect in relation to a child or young person who is convicted of an offence for which an adult would be required to be sentenced to imprisonment for life as it had effect before the passing of this Act in relation to a child or young person convicted of an offence for which an adult would have been required to be sentenced to death.<\/p>\n<p>3. Section 1 of the Treason Act, 1939 , shall be amended as follows:<\/p>\n<p>(a) in subsections (1) and (2) \u201cbe sentenced on conviction thereof to imprisonment for life\u201d shall be substituted for \u201cbe liable on conviction thereof to suffer death\u201d, and<\/p>\n<p>(b) in subsection (3) \u201cmurder to which section 3 of the Criminal Justice Act, 1990, applies\u201d shall be substituted for \u201ccapital murder\u201d (inserted therein by the Criminal Justice Act, 1964 ).<\/p>\n<p>4. The Defence Act, 1954 , shall be amended as follows:<\/p>\n<p>(a) in section 50 (2) \u201cdeath,\u201d shall be deleted;<\/p>\n<p>(b) in sections 124 and 125 \u201cimprisonment for life\u201d shall be substituted for \u201cdeath\u201d;<\/p>\n<p>(c) in section 126 (2) (iii) \u201cfor any term not exceeding two years\u201d shall be inserted after \u201cimprisonment\u201d;<\/p>\n<p>(d) in sections 127 and 128 \u201cimprisonment for life\u201d shall be substituted for \u201cdeath\u201d;<\/p>\n<p>(e) in sections 133, 134, 135 (1) (b), 136, 137 (1), 140, 141, 142 (b), 142A (1) (ii), 143, 144, 145, 146, 147, 148, 150, 152, 153, 156, 157, 159 (1), 160, 161 (2), 162, 163, 164 (1), 165, 166, 167 and 168 (1) \u201cfor any term not exceeding two years\u201d shall be inserted after \u201cimprisonment\u201d;<\/p>\n<p>(f) the following section shall be substituted for section 169:<\/p>\n<p>\u201c<\/p>\n<h4>Offences punishable by ordinary law.<\/h4>\n<p>169.\u2014(1) Subject to the provisions of this Act, every person who, while he is subject to military law, commits any of the offences referred to in this section shall be deemed to be guilty of an offence against military law and, if charged under this section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by court-martial.<\/p>\n<p>(2) Where a person charged under this section is convicted by a court-martial of treason or murder, he shall be sentenced to imprisonment for life.<\/p>\n<p>(3) Where a person charged under this section is convicted by a court-martial of an offence other than treason or murder, he shall be liable to be punished as follows:<\/p>\n<p>(a) if he is convicted of manslaughter, be liable to suffer penal servitude or any less punishment awardable by a court-martial;<\/p>\n<p>(b) if he is convicted of rape, be liable to suffer penal servitude or any less punishment awardable by a court-martial;<\/p>\n<p>(c) if he is convicted of an act of genocide which would be punishable under the Genocide Act, 1973 , be liable\u2014<\/p>\n<p>(i) in case the offence consists of the killing of any person, to imprisonment for life, or<\/p>\n<p>(ii) in any other case, to imprisonment for a term not exceeding fourteen years;<\/p>\n<p>(d) if he is convicted of any offence not before in this section particularly specified which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or, if he is subject to military law as an officer, dismissal with ignominy from the Defence Forces or any less punishment awardable by a court-martial or, if he is subject to military law as a man, imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial.\u201d;<\/p>\n<p>(g) the following section shall be inserted after section 169:<\/p>\n<p>\u201c<\/p>\n<h4>Trial by court-martial of treason and certain murders and attempts.<\/h4>\n<p>169A.\u2014(1) A person subject to military law who is accused of murder which is alleged to be murder to which section 3 of the Criminal Justice Act, 1990, applies or of an attempt to commit such a murder and is to be tried by court-martial shall be charged with murder to which that section applies or, as the case may be, with an attempt to commit such a murder, and the following provisions of that Act, namely\u2014<\/p>\n<p>(a) section 4 , with the substitution of \u2018court-martial\u2019 for \u2018court\u2019, and<\/p>\n<p>(b) subsection (2) of section 6 , with the substitution of \u2018charged with\u2019 for \u2018indicted for\u2019,<\/p>\n<p>shall apply and have effect in relation to the trial.<\/p>\n<p>(2) The said section 4 shall apply and have effect, in relation to the trial of a person subject to military law who is accused of treason, with the substitution of \u2018court-martial\u2019 for \u2018court\u2019.\u201d;<\/p>\n<p>(h) in section 192 (2) (d) \u201cfor any term not exceeding two years\u201d shall be inserted after \u201cimprisonment\u201d;<\/p>\n<p>(i) in section 198, subsection (2) shall be deleted;<\/p>\n<p>(j) in sections 209 (1) and 210 (1) \u201cImprisonment for life\u201d shall be substituted for \u201cDeath\u201d;<\/p>\n<p>(k) in section 210 (6) \u201cimprisonment for life or\u201d shall be inserted before \u201cpenal servitude\u201d in each place where those words occur;<\/p>\n<p>(l) in subsections (7) and (10) of section 210 \u201cfor any term not exceeding two years\u201d shall be inserted after \u201cimprisonment\u201d;<\/p>\n<p>(m) section 212 shall not apply to a sentence of imprisonment for life;<\/p>\n<p>(n) in section 220, subsection (2) shall be deleted and, in subsection (3), \u201cimprisonment on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies\u201d shall be substituted for \u201cdeath\u201d;<\/p>\n<p>(o) in section 221 (1) \u201c(other than a sentence of death)\u201d shall be deleted and the following proviso added:<\/p>\n<p>\u201cProvided that\u2014<\/p>\n<p>(i) the said power of mitigation or remission shall not, in the case of a sentence of imprisonment passed on a person on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies, be exercisable before the expiration of the minimum period specified by the court-martial under section 4 of that Act, as applied by section 169A of this Act, less any reduction of that period under paragraph (ii) of this proviso, and<\/p>\n<p>(ii) the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence passed on him on conviction of treason or of murder, or attempted murder, to which the said section 3 applies as if he had been sentenced to a term of imprisonment equal to the minimum period specified by the court-martial under the said section 4 , as applied by section 169A of this Act, and that period shall be reduced by the amount of any remission which he has so earned.\u201d;<\/p>\n<p>(p) in section 222, paragraph (a) and \u201cin any other case\u201d in paragraph (b) shall be deleted;<\/p>\n<p>(q) the following subsection shall be added to section 223:<\/p>\n<p>\u201c(10) This section shall not apply to a sentence of imprisonment on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies.\u201d;<\/p>\n<p>(r) section 227 shall be deleted;<\/p>\n<p>(s) the following subsection shall be inserted in section 228 after subsection (1):<\/p>\n<p>\u201c(1A) Where a sentence of imprisonment for life is passed by a court-martial and confirmed, the military prisoner shall, as soon as practicable, be committed to a public prison to undergo his sentence according to law, and subsections (2) to (7) of this section shall have effect in relation to him\u2014<\/p>\n<p>(a) as if each reference therein to a military convict were a reference to a military prisoner and each reference to a penal servitude prison a reference to a public prison, and<\/p>\n<p>(b) as if the reference in the said subsection (7) to penal servitude were a reference to imprisonment.\u201d;<\/p>\n<p>(t) section 229 shall not apply to a military prisoner sentenced to imprisonment for life; and<\/p>\n<p>(u) the following subsection shall be inserted in section 233 after subsection (2):<\/p>\n<p>\u201c(2A) Any power conferred by rules under this section to release a person temporarily shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies, be exercisable during the period for which the power to mitigate or remit his punishment is prohibited by paragraph (i) of the proviso (inserted by that Act) to section 221 (1) of this Act unless for grave reasons of a humanitarian nature, and any such release shall be only of such limited duration as is justified by those reasons.\u201d.<\/p>\n<p>5. In the Courts-Martial Appeals Act, 1983 \u2014<\/p>\n<p>(a) in sections 26, 28 (2) (c) and 28 (3) (ii) (I) \u201ca capital offence or murder\u201d shall be replaced in each case by \u201can offence for which a person would be required on conviction to be sentenced to imprisonment for life\u201d;<\/p>\n<p>(b) in section 27 (2) (c) \u201ca capital charge or a charge of murder\u201d shall be replaced by \u201ca charge of an offence for which a person would be required on conviction to be sentenced to imprisonment for life\u201d.<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Enactments Repealed<\/p>\n<p>Section 9 .<\/p>\n<p>Chapter or Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>C. 100.<\/p>\n<p>Offences against the Person Act, 1861 .<\/p>\n<p>Sections 1 to 3.<\/p>\n<p>In section 71, the words \u201cother wise than with death\u201d.<\/p>\n<p>C. 24.<\/p>\n<p>Capital Punishment Amendment Act, 1868.<\/p>\n<p>The whole Act.<\/p>\n<p>C. 78.<\/p>\n<p>Juries Procedure (Ireland) Act, 1876.<\/p>\n<p>Section 13.<\/p>\n<p>C. 49.<\/p>\n<p>General Prisons (Ireland) Act, 1877.<\/p>\n<p>Proviso in section 40.<\/p>\n<p>No. 27 of 1926.<\/p>\n<p>Court Officers Act, 1926.<\/p>\n<p>Section 53.<\/p>\n<p>No. 15 of 1928.<\/p>\n<p>Courts of Justice Act, 1928.<\/p>\n<p>In subsection (1) of section 6, the words \u201cdeath or\u201d.<\/p>\n<p>Subsection (2) of section 6.<\/p>\n<p>No. 2 of 1951.<\/p>\n<p>Criminal Justice Act, 1951 .<\/p>\n<p>In subsection (1) of section 23, the words \u201cExcept in capital cases,\u201d.<\/p>\n<p>No. 27 of 1956.<\/p>\n<p>Prisoners of War and Enemy Aliens Act, 1956 .<\/p>\n<p>Subsection (1) of section 5.<\/p>\n<p>No. 11 of 1962.<\/p>\n<p>Geneva Conventions Act, 1962.<\/p>\n<p>In subsection (1) (b) of section 6 and in subsection (1) of section 8, the words \u201cto death or\u201d.<\/p>\n<p>In subsection (2) of section 8, the words \u201cremains a sentence of death, or\u201d.<\/p>\n<p>No. 5 of 1964.<\/p>\n<p>Criminal Justice Act, 1964 .<\/p>\n<p>The whole Act, except sections 4 and 11.<\/p>\n<p>No. 28 of 1973.<\/p>\n<p>Genocide Act, 1973 .<\/p>\n<p>Section 4.<\/p>\n<p>No. 14 of 1976.<\/p>\n<p>Criminal Law (Jurisdiction) Act, 1976.<\/p>\n<p>Subsection (6) of section 20.<\/p>\n<p>No. 19 of 1983.<\/p>\n<p>Courts-Martial Appeals Act, 1983 .<\/p>\n<p>Section 21.<\/p>\n<p>No. 1 of 1987.<\/p>\n<p>Extradition (European Convention on the Suppression of Terrorism) Act, 1987.<\/p>\n<p>Subsection (4) of section 6.<\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL JUSTICE ACT 1993<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 August 2023<\/p>\n<p>AN ACT TO ENABLE THE COURT OF CRIMINAL APPEAL TO REVIEW UNDULY LENIENT SENTENCES, TO MAKE OTHER PROVISION IN RELATION TO SENTENCING, TO PROVIDE FOR THE PAYMENT BY OFFENDERS OF COMPENSATION FOR INJURY OR LOSS RESULTING FROM THEIR OFFENCES, TO AMEND THE CRIMINAL PROCEDURE ACT, 1967, AND THE PUNISHMENT OF INCEST ACT, 1908, AND TO PROVIDE FOR CONNECTED MATTERS. [3rd April, 1993]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Interpretation.<\/h4>\n<p>1. \u2014 (1) In this Act, unless the context otherwise requires\u2014<\/p>\n<p>\u201c compensation order \u201d and \u201c injured party \u201d have the meanings assigned to them by section 6 ;<\/p>\n<p>\u201c imprisonment \u201d includes detention in Saint Patrick&#8217;s Institution;<\/p>\n<p>\u201c sentence \u201d includes a sentence of imprisonment and any other order made by a court in dealing with a convicted person other than\u2014<\/p>\n<p>(a) an order under section 17 of the Lunacy (Ireland) Act, 1821, or section 2 (2) of the Trial of Lunatics Act, 1883, or<\/p>\n<p>(b) an order postponing sentence for the purpose of obtaining a medical or psychiatric report or a report by a probation officer;<\/p>\n<p>\u201c sentencing court \u201d means the court referred to in section 2 (1).<\/p>\n<p>(2) References in sections 2 (1) and 4 (1) to conviction of a person on indictment include references to conviction of a person after signing a plea of guilty and being sent forward for sentence under section 13 (2) (b) of the Criminal Procedure Act, 1967.<\/p>\n<p>(3) This Act shall not apply to sentences imposed on persons convicted before its commencement.<\/p>\n<p>(4) In this Act\u2014<\/p>\n<p>(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended, and<\/p>\n<p>(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.<\/p>\n<h4>Review of certain sentences.<\/h4>\n<p>2. \u2014 (1) If it appears to the Director of Public Prosecutions that a sentence imposed by a court (in this Act referred to as the \u201c sentencing court \u201d) on conviction of a person on indictment was unduly lenient, he may apply to the Court of Criminal Appeal to review the sentence.<\/p>\n<p>(2) An application under this section shall be made, on notice given to the convicted person, within 28 days F1[, or such longer period not exceeding 56 days as the Court may, on application to it in that behalf, determine,] from the day on which the sentence was imposed.<\/p>\n<p>(3) On such an application, the Court may either\u2014<\/p>\n<p>(a) quash the sentence and in place of it impose on the convicted person such sentence as it considers appropriate, being a sentence which could have been imposed on him by the sentencing court concerned, or<\/p>\n<p>(b) refuse the application.<\/p>\n<p>(4) Section 6 of the Prosecution of Offences Act, 1974 (which prohibits certain communications in relation to criminal proceedings), shall apply, with any necessary modifications, to communications made to the persons mentioned in that section for the purpose of influencing the making of a decision in relation to an application under this section as it applies to such communications made for the purpose of making a decision to withdraw or not to initiate criminal proceedings or any particular charge in criminal proceedings.<\/p>\n<p>F2[(5) Where the convicted person in relation to whom an application under this section is made is a person who was under the age of 18 years when the sentence was imposed on him by the sentencing court concerned and he has attained the age of 18 years on or before the date on which the application is determined by the Court, the reference in subsection (3)(a) to a sentence which could have been imposed on him by the sentencing court concerned shall be construed as a reference to a sentence which could have been imposed on him by the sentencing court concerned had he attained that age at the time when the sentence was so imposed.<\/p>\n<p>(6) Where subsection (5) applies and the application under this section is in respect of a sentence imposed on a person convicted of treason or murder before the person has attained the age of 18 years, the Court may, notwithstanding section 2 of the Criminal Justice Act 1990, impose such sentence as it considers appropriate.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 23, S.I. No. 390 of 2006.<\/p>\n<p>F2<br \/>\nInserted (1.08.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 61(1), S.I. No. 391 of 2023, art. 3(c), subject to transitional provision in subs. (2).<\/p>\n<p>Minor and consequential provisions.<\/p>\n<p>3.\u2014F3[\u2026]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nRepealed (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 73 and sch. 1 item 7, S.I. No. 479 of 2014.<\/p>\n<h4>Minor and consequential provisions.<\/h4>\n<p>4. \u2014 (1) The registrar of a court which has imposed a sentence on conviction of a person on indictment shall\u2014<\/p>\n<p>(a) give to the Director of Public Prosecutions, on request, a copy of any reports or other relevant documents that were considered by the court before it imposed the sentence, and<\/p>\n<p>(b) if the sentence has become the subject of an application under section 2 , give a copy of those documents to the Court of Criminal Appeal and the convicted person.<\/p>\n<p>F4[(2) Where an application has been made to the Court of Appeal under section 2\u2014<\/p>\n<p>(a) a legal aid (appeal) certificate shall be deemed for the purposes of the Criminal Justice (Legal Aid) Act 1962 to have been granted in respect of the person whose sentence is the subject of the application, and<\/p>\n<p>(b) the person shall be entitled to free legal aid in the preparation and conduct of his or her case before the Court of Appeal and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of that Act.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nSubstituted (28.10.2014) by Court of Appeal Act 2014 (18\/2014), s. 51, S.I. No. 479 of 2014.<\/p>\n<p>F5[<\/p>\n<h4>Effect of certain offences on persons in respect of whom committed.<\/h4>\n<p>5.\u2014F6[(1) This section applies to an offence where a natural person in respect of whom the offence has been committed, has suffered harm, including physical, mental or emotional harm, or economic loss, which was directly caused by that offence.]<\/p>\n<p>(2) (a) When imposing sentence on a person for an offence to which this section applies, a court shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.<\/p>\n<p>(b) For the purposes of paragraph (a), a &#8220;person in respect of whom the offence was committed&#8221; includes, where, as a result of the offence, that person has died, is ill or is otherwise incapacitated, a family member of that person.<\/p>\n<p>(3) (a) When imposing sentence on a person for an offence to which this section applies, a court shall, upon application by the person in respect of whom such offence was committed, hear the evidence of the person in respect of whom the offence was committed as to the effect of the offence on such person.<\/p>\n<p>(b) For the purpose of paragraph (a), where the person in respect of whom the offence was committed\u2014<\/p>\n<p>(i) is a child under the age of 14 years, the child, or his or her parent or guardian, may give evidence as to the effect of the offence concerned on that child,<\/p>\n<p>(ii) is\u2014<\/p>\n<p>(I) a person with a mental disorder (not resulting from the offence concerned), the person or a family member,<\/p>\n<p>(II) a person with a mental disorder (not resulting from the offence concerned), who is a child, the person or his or her parent or guardian,<\/p>\n<p>may give evidence as to the effect of the offence concerned on that person,<\/p>\n<p>(iii) is a person who is ill or is otherwise incapacitated as a result of the offence, a family member of the person may give evidence as to the effect of the offence concerned on that person and on his or her family members,<\/p>\n<p>(iv) has died as a result of the offence, a family member of the person may give evidence as to the effect of the offence concerned\u2014<\/p>\n<p>(I) on the person between the commission of the offence and his or her death (where relevant), and<\/p>\n<p>(II) on the family members of the person who has died.<\/p>\n<p>(c) A person who has been convicted of an offence to which this section applies may not give evidence pursuant to paragraph (b) in respect of that offence.<\/p>\n<p>(d) Where more than one family member seeks to avail of paragraph (b), the court may direct the family members to nominate one or more family members for the purpose of that paragraph.<\/p>\n<p>(e) Where the court directs the family members to nominate one or more family members pursuant to paragraph (d) and the family members are unable to reach agreement, the court may, having regard to the degree of relationship between the family members and the person in respect of whom the offence was committed, nominate one or more family members as it considers appropriate.<\/p>\n<p>(4) Where no evidence is given pursuant to subsection (3), the court shall not draw an inference that the offence had little or no effect (whether long-term or otherwise) on the person in respect of whom the offence was committed or, where appropriate, on his or her family members.<\/p>\n<p>(5) (a) The court may, in the interests of justice, order that information relating to the evidence given under subsection (3) or a part of it shall not be published or broadcast.<\/p>\n<p>(b) If any matter is published or broadcast in contravention of paragraph (a), the following persons, namely\u2014<\/p>\n<p>(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,<\/p>\n<p>(ii) in the case of any other publication, the person who publishes it, and<\/p>\n<p>(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(c) A person guilty of an offence under paragraph (b) shall be liable\u2014<\/p>\n<p>(i) on summary conviction, to a fine not exceeding \u20ac5,000 or to imprisonment for a term not exceeding 12 months or to both, or<\/p>\n<p>(ii) on conviction on indictment, to a fine not exceeding \u20ac50,000 or to imprisonment for a term not exceeding 3 years or to both.<\/p>\n<p>(d) Where an offence under paragraph (b) is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(e) Where the affairs of a body corporate are managed by its members, paragraph (d) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<p>(6) In this section and in sections 5A and 5B, unless the context otherwise requires\u2014<\/p>\n<p>F7[&#8220;Act of 2010&#8221; means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]<\/p>\n<p>&#8220;broadcast&#8221; has the meaning it has in section 2 of the Broadcasting Act 2009;<\/p>\n<p>&#8220;child&#8221; means a person under the age of 18;<\/p>\n<p>F7[&#8220;civil partner&#8221; means a person in a civil partnership or legal relationship to which section 3 of the Act of 2010 applies;<\/p>\n<p>&#8220;cohabitant&#8221; means a cohabitant within the meaning of section 172(1) of the Act of 2010;]<\/p>\n<p>F8[&#8220;family member&#8221;, in relation to a person in respect of whom an offence is committed, means\u2014<\/p>\n<p>(a) a spouse, civil partner or cohabitant of the person,<\/p>\n<p>(b) a child or step-child of the person,<\/p>\n<p>(c) a parent or grandparent of the person,<\/p>\n<p>(d) a brother, sister, half brother or half sister of the person,<\/p>\n<p>(e) a grandchild of the person,<\/p>\n<p>(f) an aunt, uncle, nephew or niece of the person, and<\/p>\n<p>(g)any other person\u2014<\/p>\n<p>(i) who is or, where the person is deceased, was dependent on the person, or<\/p>\n<p>(ii) who a court considers has or, where the person is deceased, had a sufficiently close connection with that person as to warrant his or her being treated as a family member;]<\/p>\n<p>&#8220;guardian&#8221;, in relation to a child, has the meaning it has in the Children Act 2001;<\/p>\n<p>&#8220;mental disorder&#8221; includes a mental illness, mental disability, dementia or any disease of the mind;<\/p>\n<p>&#8220;publish&#8221; means publish, other than by way of broadcast, to the public or a portion of the public.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nSubstituted (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), s. 4, S.I. No. 414 of 2010.<\/p>\n<p>F6<br \/>\nSubstituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 31(a), S.I. No. 530 of 2017.<\/p>\n<p>F7<br \/>\nInserted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 31(b)(ii), S.I. No. 530 of 2017.<\/p>\n<p>F8<br \/>\nSubstituted (27.11.2017) by Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 31(b)(i), S.I. No. 530 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPrevious affecting provision: subs. (1) amended by (20.09.2012) by Criminal Justice (Female Genital Mutilation) Act 2012 (11\/2012), s. 13, S.I. No. 353 of 2012.<\/p>\n<p>F9[<\/p>\n<h4>Evidence through television link.<\/h4>\n<p>5A.\u2014 (1) (a) A child or a person with a mental disorder in respect of whom an offence to which section 5 applies was committed, may give evidence pursuant to section 5(3), whether from within or outside the State, through a live television link unless the court sees good reason to the contrary.<\/p>\n<p>(b) Any other person in respect of whom an offence to which section 5 applies was committed may, with the leave of the court, give evidence pursuant to section 5(3), whether from within or outside the State, through a live television link.<\/p>\n<p>(2) Evidence given under subsection (1) shall be video recorded.<\/p>\n<p>(3) While evidence is being given pursuant to subsection (1) (except through an intermediary pursuant to section 5B(1)), neither the judge, nor the barrister or solicitor concerned in the examination of the witness, shall wear a wig or gown.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nInserted (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), s. 5, S.I. No. 414 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>F10[<\/p>\n<h4>Evidence through intermediary.<\/h4>\n<p>5B.\u2014 (1) Where a child or a person with a mental disorder is giving, or is to give evidence through a live television link, pursuant to section 5A, the court may, on the application of the prosecution or the accused, if satisfied that, having regard to the age or mental condition of the witness, the interests of justice require that any questions to be put to the witness be put through an intermediary, direct that any such questions be so put.<\/p>\n<p>(2) Questions put to a witness through an intermediary under this section shall be either in the words used by the questioner or so as to convey to the witness in a way which is appropriate to his or her age and mental condition, the meaning of the questions being asked.<\/p>\n<p>(3) An intermediary referred to in subsection (1) shall be appointed by the court and shall be a person who, in its opinion, is competent to act as such.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nInserted (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), s. 6, S.I. No. 414 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<h4>Compensation order.<\/h4>\n<p>6. \u2014 (1) Subject to the provisions of this section, on conviction of any person of an offence, the court, instead of or in addition to dealing with him in any other way, may, unless it sees reason to the contrary, make (on application or otherwise) an order (in this Act referred to as a \u201c compensation order \u201d) requiring him to pay compensation in respect of any personal injury or loss resulting from that offence (or any other offence that is taken into consideration by the court in determining sentence) to any person (in this Act referred to as the \u201c injured party \u201d) who has suffered such injury or loss.<\/p>\n<p>(2) The compensation payable under a compensation order (including a compensation order made against a parent or guardian of the convicted person and notwithstanding, in such a case, any other statutory limitation as to amount) shall be of such amount (not exceeding, in the case of such an order made by the District Court, such amount as may stand prescribed for the time being by law as the limit of that Court&#8217;s jurisdiction in tort) as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the convicted person, the injured party or the prosecutor, and shall not exceed the amount of the damages that, in the opinion of the court, the injured party would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned.<\/p>\n<p>(3) Where the commission of the offence by the convicted person involved the taking of property out of the possession of the injured party and the property has been recovered, any loss occurring to the injured party by reason of the property being damaged while out of his possession shall be treated for the purposes of subsection (1) as having resulted from the offence, irrespective of how the damage was caused or who caused it.<\/p>\n<p>(4) A compensation order shall not be made in respect of an injury or loss that results from the use of a mechanically propelled vehicle (within the meaning of the Road Traffic Act, 1961) in a public place unless it appears to the court that\u2014<\/p>\n<p>(a) it is in respect of an injury or loss as respects which the use of the vehicle by the convicted person was in breach of section 56 (which provides for the compulsory insurance of mechanically propelled vehicles) of that Act, or<\/p>\n<p>(b) it is in respect of a loss which is treated by subsection (3) as having resulted from the offence,<\/p>\n<p>and, where a compensation order is made in respect of injury or loss resulting from such use, the amount of the compensation may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance resulting from such use.<\/p>\n<p>(5) In determining whether to make a compensation order against a person, and in determining the amount of the compensation, the court shall have regard\u2014<\/p>\n<p>(a) to his means, or<\/p>\n<p>(b) in a case to which section 99 of the Children Act, 1908 (which empowers a court to require a parent or guardian to pay any fine, damages or costs imposed on or awarded against a child or young person), applies, to the means of the parent or guardian,<\/p>\n<p>so far as they appear or are known to the court and for that purpose the court may require the convicted person or his parent or guardian, as the case may be, to give evidence as to his means and financial commitments.<\/p>\n<p>(6) A compensation order may provide for payment of the compensation by such instalments and at such times as the court shall in all the circumstances consider reasonable.<\/p>\n<p>(7) Where the court considers\u2014<\/p>\n<p>(a) that it would be appropriate both to impose a fine and to make a compensation order, but<\/p>\n<p>(b) that the convicted person has insufficient means to pay both an appropriate fine and appropriate compensation, the court may, if it is satisfied that the means are sufficient to justify its doing so, make a compensation order and, if it is satisfied that it is appropriate to do so having regard to the means that would remain after compliance with the order, impose a fine.<\/p>\n<p>(8) At any time after a compensation order has ceased to be suspended by virtue of section 8 and before it has been complied with or fully complied with, the District Court (or, where the amount payable under the order exceeds such amount as may stand prescribed for the time being by law as the limit of that Court&#8217;s jurisdiction in tort, the court which made the order) may\u2014<\/p>\n<p>(a) on the application of the convicted person concerned and on being satisfied that the injured party concerned has been given an opportunity of making representations to the Court on the issue and having regard to any such representations that are made by him or on his behalf, reduce the amount remaining to be paid, vary any instalment payable, or direct that no payments or further payments be made, under the order if it appears to the Court that, because of a substantial reduction in the means of the convicted person, his means are insufficient to satisfy the order in full, or<\/p>\n<p>(b) on the application of the injured party concerned and on being satisfied that the convicted person concerned has been given an opportunity of making representations to the Court on the issue and having regard to any such representations that are made by him or on his behalf, increase the amount to be paid, the amount of any instalment or the number of instalments payable, under the order if it appears to the Court that\u2014<\/p>\n<p>(i) because of a substantial increase in the means of the convicted person, his means are sufficient for the relevant purposes aforesaid, and<\/p>\n<p>(ii) any increased amount to be paid under the order would not exceed\u2014<\/p>\n<p>(I) the amount of the damages that the injured party concerned would be entitled to recover in a civil action against the convicted person in respect of the injury or loss concerned, or<\/p>\n<p>(II) such amount as may stand prescribed for the time being by law as the limit of the Court&#8217;s jurisdiction in tort,<\/p>\n<p>whichever is the lesser.<\/p>\n<p>(9) The references to damages in the aforesaid section 99 shall be construed as if they included references to compensation under a compensation order and subsections (5) and (6) of that section shall not apply in relation to a compensation order.<\/p>\n<p>(10) This section is without prejudice to any other enactment which provides for the payment of compensation by a person convicted of an offence or otherwise proved to have committed an offence.<\/p>\n<p>(11) The making of a compensation order against a parent or guardian of a convicted person shall not of itself give rise to any other liability on the part of the parent or guardian in respect of the injury or loss.<\/p>\n<p>(12) In this section\u2014<\/p>\n<p>(a) in a case where death has resulted from an offence specified in subsection (1) \u2014<\/p>\n<p>\u201c loss \u201d means any matter (including mental distress resulting from the death and funeral expenses) for which damages could be awarded in respect of the death by virtue of Part V of the Civil Liability Act, 1961,<\/p>\n<p>\u201c injured party \u201d includes a dependant (within the meaning of the said Part V) of the deceased person concerned,<\/p>\n<p>(b) references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907, and<\/p>\n<p>(c) the third reference in subsection (1), the second reference in subsection (2) and the references in subsections (7) (b) and (8) (other than paragraph (b) (ii)) to a convicted person, however expressed, include, in a case to which the aforesaid section 99 applies, references to his parent or guardian.<\/p>\n<p>(13) In assessing for the purposes of this section the means of a person, the court shall take into account his financial commitments.<\/p>\n<p>Annotations:<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nApplication of section restricted (1.05.2002) by Children Act 2001 (24\/2001), s. 113(7), S.I. No. 151 of 2002.<\/p>\n<p>Compensation by parent or guardian.<\/p>\n<p>113. &#8230;<\/p>\n<p>(7) Notwithstanding anything in section 6 of the Criminal Justice Act, 1993, any sum ordered by a court to be paid under this section in respect of loss of or damage to property shall not be greater than the cost of its replacement or repair, as the case may be, and shall not include any loss or damage of a consequential nature.<\/p>\n<h4>Payment of compensation to District Court clerks for transmission, and attachment of earnings orders.<\/h4>\n<p>7. \u2014 (1) Subject to subsection (2), payments under a compensation order or an order under section 6 (8) shall be made, for transmission to the injured party concerned, to such District Court clerk as may be determined from time to time by the court which made the order.<\/p>\n<p>(2) For the purposes of subsection (1) and of securing compliance with compensation orders and orders under section 6 (8) \u2014<\/p>\n<p>(a) subsections (2), (4), (5) and (6) of section 9 (which relates to the transmission of maintenance order payments through District Court clerks),<\/p>\n<p>(b) Part III (which relates to attachment of earnings), and<\/p>\n<p>(c) section 29 (which amends the Enforcement of Court Orders Act, 1940),<\/p>\n<p>of the Family Law (Maintenance of Spouses and Children) Act, 1976, shall apply to those orders with the following modifications and any other necessary modifications, that is to say:<\/p>\n<p>(i) in the said subsections (2) and (4)\u2014<\/p>\n<p>(I) the references to payments shall be construed as including payments under a compensation order or an order under section 6 (8) to a District Court clerk pursuant to subsection (1), and<\/p>\n<p>(II) the references to the maintenance creditor shall be construed as references to the injured party,<\/p>\n<p>(ii) in the said Part III\u2014<\/p>\n<p>(I) in section 10\u2014<\/p>\n<p>(A) subparagraphs (i) and (ii) of subsection (1) (a) shall not apply,<\/p>\n<p>(B) the reference to the District Court in subsection (1) (a) (iii) (I) shall be construed as a reference to a court, and<\/p>\n<p>(C) in subsection (2), paragraph (a) shall be deleted and the following paragraph shall be substituted for paragraph (b):<\/p>\n<p>\u201c(b) in any other case, to the District Court clerk specified by the attachment of earnings order for transmission to the injured party concerned\u201d,<\/p>\n<p>(II) the references to an antecedent order shall be construed as references to a compensation order and an order under section 6 (8),<\/p>\n<p>(III) the references to the maintenance creditor shall be construed as references to the injured party, and<\/p>\n<p>(IV) the references to the maintenance debtor shall be construed as references to the convicted person or, in a case to which section 99 of the Children Act, 1908, applies, to his parent or guardian,<\/p>\n<p>and<\/p>\n<p>(iii) in the said section 29 the reference to a maintenance order shall be construed as including a reference to a compensation order and an order under section 6 (8).<\/p>\n<h4>Suspension of compensation order pending appeal.<\/h4>\n<p>8. \u2014 (1) The operation of a compensation order shall be suspended\u2014<\/p>\n<p>(a) in any case, until the ordinary time for giving notice of an appeal or of an application for leave to appeal (whether against the conviction to which the order relates or the sentence) has expired, and<\/p>\n<p>(b) in a case where the notice aforesaid is given within that time or such extended time as the court to which the appeal is brought may allow, until the appeal or any further appeal therefrom is finally determined or abandoned or the ordinary time for instituting any further appeal has expired.<\/p>\n<p>(2) Where the operation of a compensation order is suspended under subsection (1) (b), the order shall not take effect if the conviction concerned is reversed on appeal.<\/p>\n<p>(3) A court hearing an appeal against conviction or sentence may annul or vary the compensation order concerned.<\/p>\n<p>(4) A person against whom a compensation order is made may appeal against the order to the court to which an appeal against the conviction concerned may be brought and subsections (1) (b) and (3) shall apply in relation to an appeal under this subsection as they apply, or would apply, to an appeal against the conviction.<\/p>\n<p>(5) Where a compensation order has been made against a person in respect of an offence taken into consideration in determining his sentence, the order shall cease to have effect if he successfully appeals against his conviction of the offence, or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made.<\/p>\n<p>(6) In this section references to conviction of a person include references to dealing with a person under section 1 (1) of the Probation of Offenders Act, 1907.<\/p>\n<h4>Effect of compensation order on civil proceedings.<\/h4>\n<p>9. \u2014 Where\u2014<\/p>\n<p>(a) a compensation order has been made in favour of a person, and<\/p>\n<p>(b) damages in respect of the injury or loss concerned fall to be assessed in civil proceedings,<\/p>\n<p>then\u2014<\/p>\n<p>(i) if the damages, as so assessed, exceed any amount paid under the compensation order, the damages awarded shall not exceed the amount of that excess, and<\/p>\n<p>(ii) if any amount paid under the compensation order exceeds the damages, as so assessed, the court may order that the amount of the excess be repaid by that person to the person against whom the compensation order was made,<\/p>\n<p>and, upon the award of damages or, as the case may be, the making of the order by the court, the compensation order shall cease to have effect.<\/p>\n<h4>Service of documents.<\/h4>\n<p>10. \u2014 (1) A document required by section 2 or 4 of this Act to be given to a convicted person may, subject to subsection (3), be so given\u2014<\/p>\n<p>(a) by delivering it to him or to his solicitor,<\/p>\n<p>(b) by addressing it to him and leaving it at his usual or last known residence or place of business or by addressing it to his solicitor and leaving it at the solicitor&#8217;s office,<\/p>\n<p>(c) by sending it by registered post to him at his usual or last known residence or place of business or to his solicitor at the solicitor&#8217;s office, or<\/p>\n<p>(d) in the case of a body corporate, by delivering it, or sending it by registered post, to the secretary or other officer of the body at its registered or principal office.<\/p>\n<p>(2) For the purposes of subsection (1) the solicitor retained to appear on behalf of the convicted person at his trial shall be deemed to continue to be retained on his behalf unless he is discharged by the Court of Criminal Appeal.<\/p>\n<p>(3) A document required by section 2 or 4 of this Act to be given to a convicted person shall be given personally to him if he was not represented by a solicitor at his trial or if his solicitor has been so discharged.<\/p>\n<p>Amendment of Criminal Procedure Act, 1967.<\/p>\n<p>11.\u2014F11[\u2026]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nRepealed (1.10.2001) by Criminal Justice Act 1999 (10\/1999), s. 22(c), S.I. No. 193 of 2001.<\/p>\n<p>Amendment of Punishment of Incest Act, 1908.<\/p>\n<p>12. \u2014 Section 1 (incest by males) of the Punishment of Incest Act, 1908, is hereby amended by the substitution for \u201cliable, at the discretion of the court, to be kept in penal servitude for any term not less than three years, and not exceeding seven years, or to be imprisoned for any time not exceeding two years with or without hard labour\u201d of \u201c liable to imprisonment for a term not exceeding 20 years \u201d.<\/p>\n<p>Repeals.<\/p>\n<p>13. \u2014 Sections 9, 10 and 11 of the Criminal Damage Act, 1991, are hereby repealed.<\/p>\n<p>Short title and commencement.<\/p>\n<p>14. \u2014 (1) This Act may be cited as the Criminal Justice Act, 1993.<\/p>\n<p>(2) This Act shall come into operation one month after the date of its passing.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\n<p>PART 10<\/p>\n<p>Sentencing<\/p>\n<h4>Definitions (Part 10).<\/h4>\n<p>98.\u2014 In this Part, unless the context otherwise requires\u2014<\/p>\n<p>\u201cauthorised person\u201d means a person who is appointed in writing by the Minister, or a person who is one of a class of persons which is prescribed, to be an authorised person for the purposes of this Part;<\/p>\n<p>\u201ca direction\u201d means a direction given by the Minister under section 2 of the Criminal Justice Act 1960 authorising the release of a person from prison (within the meaning of that section) for a temporary period;<\/p>\n<p>\u201cgovernor\u201d includes, in relation to a prisoner, a person for the time being performing the functions of governor;<\/p>\n<p>F30[\u2018imprisonment\u2019 includes detention in a place provided under section 2 of the Prisons Act 1970 and \u2018sentence of imprisonment\u2019 shall be construed accordingly;]<\/p>\n<p>\u201cmandatory term of imprisonment\u201d includes, in relation to an offence, a term of imprisonment imposed by a court under an enactment that provides that a person who is guilty of the offence concerned shall be liable to a term of imprisonment of not less than such term as is specified in the enactment;<\/p>\n<p>\u201coffender\u201d means a person in respect of whom a restriction on movement order is, or may be, made under section 101;<\/p>\n<p>\u201cprobation and welfare officer\u201d means a person appointed by the Minister to be\u2014<\/p>\n<p>(a) a probation officer,<\/p>\n<p>(b) a welfare officer, or<\/p>\n<p>(c) a probation and welfare officer;<\/p>\n<p>\u201cprobation and welfare service\u201d means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known by that name;<\/p>\n<p>\u201crestriction on movement order\u201d means an order made by a court under section 101.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F30<br \/>\nSubstituted (7.04.2017) by Prisons Act 2015 (57\/2015), s. 17, S.I. No. 134 of 2017.<\/p>\n<h4>Power to suspend sentence.<\/h4>\n<p>99.\u2014 (1) Where a person is sentenced to a term of imprisonment (other than a mandatory term of imprisonment) by a court in respect of an offence, that court may make an order suspending the execution of the sentence in whole or in part, subject to the person entering into a recognisance to comply with the conditions of, or imposed in relation to, the order.<\/p>\n<p>(2) It shall be a condition of an order under subsection (1) that the person in respect of whom the order is made keep the peace and be of good behaviour during\u2014<\/p>\n<p>(a) the period of suspension of the sentence concerned, or<\/p>\n<p>(b) in the case of an order that suspends the sentence in part only, the period of imprisonment and the period of suspension of the sentence concerned,<\/p>\n<p>and that condition shall be specified in the order concerned.<\/p>\n<p>(3) The court may, when making an order under subsection (1), impose such conditions in relation to the order as the court considers\u2014<\/p>\n<p>(a) appropriate having regard to the nature of the offence, and<\/p>\n<p>(b) will reduce the likelihood of the person in respect of whom the order is made committing any other offence,<\/p>\n<p>and any condition imposed in accordance with this subsection shall be specified in that order.<\/p>\n<p>(4) In addition to any condition imposed under subsection (3), the court may, when making an order under subsection (1) consisting of the suspension in part of a sentence of imprisonment or upon an application under subsection (6), impose any one or more of the following conditions in relation to that order or the order referred to in the said subsection (6), as the case may be:<\/p>\n<p>(a) that the person co-operate with the probation and welfare service to the extent specified by the court for the purpose of his or her rehabilitation and the protection of the public;<\/p>\n<p>(b) that the person undergo such\u2014<\/p>\n<p>(i) treatment for drug, alcohol or other substance addiction,<\/p>\n<p>(ii) course of education, training or therapy,<\/p>\n<p>(iii) psychological counselling or other treatment,<\/p>\n<p>as may be approved by the court;<\/p>\n<p>(c) that the person be subject to the supervision of the probation and welfare service.<\/p>\n<p>(5) A condition (other than a condition imposed, upon an application under subsection (6), after the making of the order concerned) imposed under subsection (4) shall be specified in the order concerned.<\/p>\n<p>(6) A probation and welfare officer may, at any time before the expiration of a sentence of a court to which an order under subsection (1) consisting of the suspension of a sentence in part applies, apply to the court for the imposition of any of the conditions referred to in subsection (4) in relation to the order.<\/p>\n<p>(7) Where a court makes an order under this section, it shall cause a copy of the order to be given F31[, by electronic or other means,] to\u2014<\/p>\n<p>(a) the Garda S\u00edoch\u00e1na, or<\/p>\n<p>(b) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda S\u00edoch\u00e1na.<\/p>\n<p>(8) Where a court has made an order under subsection (1) and imposes conditions under subsection (4) upon an application under subsection (6), it shall cause a copy of the order and conditions to be given F32[, by electronic or other means,] to\u2014<\/p>\n<p>(a) the probation and welfare service, and<\/p>\n<p>(b) (i) the Garda S\u00edoch\u00e1na, or<\/p>\n<p>(ii) in the case of an order consisting of the suspension of a sentence in part only, the governor of the prison to which the person is committed and the Garda S\u00edoch\u00e1na.<\/p>\n<p>F33[(8A) (a) Where a person to whom an order under subsection (1) applies\u2014<\/p>\n<p>(i) commits an offence after the making of that order and during the period of suspension of the sentence concerned (in this section referred to as the \u201ctriggering offence\u201d), and<\/p>\n<p>(ii) subject to subsection (8B), is convicted of the triggering offence,<\/p>\n<p>the court before which proceedings for the triggering offence are brought shall, after imposing sentence for that offence, remand the person in custody or on bail to a sitting of the court that made the said order to be held\u2014<\/p>\n<p>(I) no later than 15 days after such remand, or<\/p>\n<p>(II) if there is no sitting of that court within that period, to the next sitting of that court thereafter,<\/p>\n<p>and, if there is no sitting of that court on the day to which that person has been remanded, he or she shall stand so remanded to the sitting of that court next held after that day.<\/p>\n<p>(b) The remand of a person in custody or on bail under paragraph (a) to a sitting of the court that made the order under subsection (1) concerned applying to the person may be to a sitting of that court other than a sitting thereof referred to in paragraph (c).<\/p>\n<p>(c) Subject to paragraph (b), references in paragraph (a) to a sitting of a court shall be construed as references to a sitting of the court at a place and time appointed or fixed for sittings of that court by or under statute.<\/p>\n<p>(8B) Subsection (8A) applies to a conviction of a person for an offence if proceedings for the offence are instituted against the person during the period of suspension of the sentence concerned pursuant to the order under subsection (1) applying to the person and 12 months thereafter.<\/p>\n<p>(8C) Subject to subsection (8D), a court to which a person has been remanded under subsection (8A) shall revoke the order under subsection (1) concerned unless it considers that the revocation of that order would be unjust in all the circumstances of the case, and where the court revokes that order, the person shall be required to serve the entire of the sentence of imprisonment originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody (other than a period spent in custody by the person in respect of the triggering offence) pending the revocation of the said order.<\/p>\n<p>(8D) Where a person appeals against conviction or sentence for the triggering offence, a court referred to in subsection (8C) may, upon application in that behalf by the person, adjourn the proceedings under that subsection for such period as the court considers appropriate to enable that person to bring the appeal and for it to be determined.<\/p>\n<p>(8E) If an appeal brought by the person concerned against conviction or sentence for the triggering offence is withdrawn or abandoned, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.<\/p>\n<p>(8F) On the determination of an appeal against conviction or sentence for the triggering offence brought by the person concerned\u2014<\/p>\n<p>(a) if the order of the court before which proceedings for that offence were brought is reversed insofar as it relates to the conviction for that offence or the conviction for that offence is quashed, the court referred to in subsection (8C) shall dismiss the proceedings under that subsection, and<\/p>\n<p>(b) in all other cases, the court referred to in subsection (8C) shall, in accordance with that subsection, consider the revocation of the order under subsection (1) concerned.<\/p>\n<p>(8G) When an appeal against conviction or sentence for the triggering offence is withdrawn, abandoned or determined, the person concerned shall, for the purposes of subsections (8E) and (8F), appear before the court referred to in subsection (8C) whenever he or she is required to do so by that court.<\/p>\n<p>(8H) In subsections (8D) to (8G), references to an appeal against conviction or sentence for the triggering offence shall be construed as references to an appeal against conviction or sentence, as the case may be, for that offence, whether by way of rehearing, case stated or otherwise.]<\/p>\n<p>(9) &#8230; [declared unconstitutional, see E-note below]<\/p>\n<p>(10) &#8230; [declared unconstitutional, see E-note below]<\/p>\n<p>F34[(10A) F35[\u2026]]<\/p>\n<p>F36[(11) (a) Where an order under subsection (1) applying to a person is revoked under subsection (8C), any period of imprisonment required to be served by the person as a result of that revocation shall be consecutive on any sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person in respect of the triggering offence.<\/p>\n<p>(b) Paragraph (a) shall not apply if the execution of the sentence of imprisonment imposed on the person in respect of the triggering offence is wholly suspended under subsection (1).]<\/p>\n<p>(12) Where an order under subsection (1) is revoked in accordance with this section, the person to whom the order applied may appeal against the revocation to such court as would have jurisdiction to hear an appeal against any conviction of, or sentence imposed on, a person for an offence by the court that revoked that order.<\/p>\n<p>(13) Where a member of the Garda S\u00edoch\u00e1na or, as the case may be, the governor of the prison to which a person was committed has reasonable grounds for believing that F37[a person to whom an order under subsection (1) applies has contravened the condition referred to in subsection (2) or a condition imposed under subsection (3), he or she may apply] to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).<\/p>\n<p>F38[(13A) The Director of Public Prosecutions may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection (3), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).]<\/p>\n<p>(14) A probation and welfare officer may, if he or she has reasonable grounds for believing that a person to whom an order under subsection (1) applies has contravened a condition imposed under subsection F39[\u2026](4), apply to the court to fix a date for the hearing of an application for an order revoking the order under subsection (1).<\/p>\n<p>(15) Where the court fixes a date for F40[the hearing of an application referred to in subsection (13), (13A) or (14)], it shall, by notice in writing, so inform the person in respect of whom the application will be made, or where that person is in prison, the governor of the prison, and such notice shall require the person to appear before it, or require the said governor to produce the person before it, on the date so fixed and at such time as is specified in the notice.<\/p>\n<p>(16) If a person who is not in prison fails to appear before the court in accordance with a requirement contained in a notice under subsection (15), the court may issue a warrant for the arrest of the person.<\/p>\n<p>(17) A court shall, where it is satisfied that a person to whom an order under subsection (1) applies has contravened a condition of the order, revoke the order unless it considers that in all of the circumstances of the case it would be unjust to so do, and where the court revokes that order, the person shall be required to serve the entire of the sentence originally imposed by the court, or such part of the sentence as the court considers just having regard to all of the circumstances of the case, less any period of that sentence already served in prison and any period spent in custody pending the revocation of the said order.<\/p>\n<p>(18) A notice under subsection (15) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:<\/p>\n<p>(a) by delivering it to the person;<\/p>\n<p>(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;<\/p>\n<p>(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.<\/p>\n<p>F41[(18A) Where, under subsection (8C) or (17), a court revokes an order under subsection (1) applying to a person and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her, the court may make a further order suspending the execution of the part of the sentence of imprisonment that is not required to be served by the person and such further order shall, for the purposes of this section, be regarded as an order made under subsection (1) applying to the person and that subsection shall apply accordingly.]<\/p>\n<p>(19) This section shall not affect the operation of\u2014<\/p>\n<p>(a) section 2 of the Criminal Justice Act 1960 or Rule 38 of the Rules for the Government of Prisons 1947 (S.R. &amp; O. No. 320 of 1947), or<\/p>\n<p>(b) subsections (3G) and (3H) of section 27 of the Misuse of Drugs Act 1977.<\/p>\n<p>F42[(19A) If, in relation to a person, the application of subsection (11) conflicts with any of the other consecutive sentencing provisions with regard to the sequence in which the following shall be served by the person, namely\u2014<\/p>\n<p>(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,<\/p>\n<p>(b) the period of imprisonment required to be served by the person under subsection (8C), and<\/p>\n<p>(c) a sentence of a term of imprisonment imposed on the person for another offence of which he or she is convicted,<\/p>\n<p>the court referred to in subsection (8C) or any other court concerned may determine that sequence in such manner as it considers just, provided that the sentences of imprisonment referred to in paragraphs (a) and (c) and the period of imprisonment referred to in paragraph (b) shall be consecutive on each other.<\/p>\n<p>(19B) Where a person is convicted of the triggering offence by the District Court and an order under subsection (1) applying to the person is revoked by the District Court under subsection (8C), the aggregate of\u2014<\/p>\n<p>(a) a sentence of a term of imprisonment imposed on the person for the triggering offence,<\/p>\n<p>(b) the period of imprisonment required to be served by the person under subsection (8C), and<\/p>\n<p>(c) a sentence of a term of imprisonment for any other offence imposed on the person by the District Court that is required by any of the other consecutive sentencing provisions to be consecutive on the sentence of imprisonment referred to in paragraph (a) or the period of imprisonment referred to in paragraph (b) or vice versa,<\/p>\n<p>shall not exceed 2 years.]<\/p>\n<p>F34[(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.]<\/p>\n<p>F43[(21) Where\u2014<\/p>\n<p>(a) under subsection (8C), an order under subsection (1) applying to a person is revoked and the person is required to serve a part of the sentence of imprisonment originally imposed on him or her under that subsection, and<\/p>\n<p>(b) a court imposes a sentence of a term of imprisonment on the person that is to be consecutive on the sentence of imprisonment referred to in paragraph (a),<\/p>\n<p>the sentence of imprisonment referred to in paragraph (b) shall commence at the expiration of the period of imprisonment required to be served by the person under subsection (8C) referred to in paragraph (a).<\/p>\n<p>(22) Where an order under subsection (1) is made by a court on appeal from another court\u2014<\/p>\n<p>(a) the reference in subsection (8A) to the court that made the order under subsection (1),<\/p>\n<p>(b) the references in subsections (8C), (8D), (8G), (13) to (17), (18A) and (19A) to the court that may exercise jurisdiction under each of those subsections, and<\/p>\n<p>(c) the reference in subsection (12) to the court that revoked the order under subsection (1),<\/p>\n<p>shall be construed as references to the court from whose order or decision the appeal was taken.<\/p>\n<p>(23) In this section the \u201cother consecutive sentencing provisions\u201d means\u2014<\/p>\n<p>(a) section 5 of the Criminal Justice Act 1951,<\/p>\n<p>(b) section 13 of the Criminal Law Act 1976,<\/p>\n<p>(c) section 11 of the Criminal Justice Act 1984,<\/p>\n<p>(d) section 54A of the Criminal Justice (Theft and Fraud Offences) Act 2001, and<\/p>\n<p>(e) any other enactment that requires or permits a court to impose a consecutive sentence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(a), S.I. No. 1 of 2019.<\/p>\n<p>F32<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(b), S.I. No. 1 of 2019.<\/p>\n<p>F33<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(c), S.I. No. 1 of 2019.<\/p>\n<p>F34<br \/>\nInserted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(c) and (e), S.I. No. 236 of 2007.<\/p>\n<p>F35<br \/>\nDeleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(d), S.I. No. 1 of 2019.<\/p>\n<p>F36<br \/>\nSubstituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(e), S.I. No. 1 of 2019.<\/p>\n<p>F37<br \/>\nSubstituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(f), S.I. No. 1 of 2019.<\/p>\n<p>F38<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(g), S.I. No. 1 of 2019.<\/p>\n<p>F39<br \/>\nDeleted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(h), S.I. No. 1 of 2019.<\/p>\n<p>F40<br \/>\nSubstituted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(i), S.I. No. 1 of 2019.<\/p>\n<p>F41<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(j), S.I. No. 1 of 2019.<\/p>\n<p>F42<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(k), S.I. No. 1 of 2019.<\/p>\n<p>F43<br \/>\nInserted (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 2(l), S.I. No. 1 of 2019.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C9<br \/>\nReferences construed (11.01.2019) by Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017), s. 3, S.I. No. 1 of 2019.<\/p>\n<p>Construction of references<\/p>\n<p>3. A reference in any enactment, within the meaning of the Interpretation Act 2005, to\u2014<\/p>\n<p>(a) subsection (9) of section 99 of the Act of 2006 shall be construed as a reference to subsections (8A) and (8B) (inserted by section 2 (c)) of the said section 99, and<\/p>\n<p>(b) subsection (10) of section 99 of the Act of 2006 shall be construed as a reference to subsection (8C) (inserted by section 2 (c)) of the said section 99.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E33<br \/>\nDeclared unconstitutional: subss. (9) and (10) declared unconstitutional (19.04.2016) by Moore v DPP [2016] IEHC 244. The Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4\/2017) was enacted in response to this decision.<\/p>\n<p>E34<br \/>\nPrevious affecting provision: subs. (9) amended (25.08.2009) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28\/2009), s. 51, S.I. No. 330 of 2009 and (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(a), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.<\/p>\n<p>E35<br \/>\nPrevious affecting provision: subs. (10) amended (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(b), S.I. No. 236 of 2007; subsection declared unconstitutional as per E-note above.<\/p>\n<p>E36<br \/>\nPrevious affecting provision: subs. (11)(a) substituted (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 60(d), S.I. No. 236 of 2007; substituted as per F-note above.<\/p>\n<h4>Imposition of fine and deferral of sentence.<\/h4>\n<p>100.\u2014 (1) Where a court makes an order convicting a person of an offence in respect of which the person is liable to both a term of imprisonment and a fine, the court may, subject to subsection (2) \u2014<\/p>\n<p>(a) impose a fine on that person in respect of the offence, and<\/p>\n<p>(b) make an order\u2014<\/p>\n<p>(i) deferring the passing of a sentence of imprisonment for the offence, and<\/p>\n<p>(ii) specifying the term of imprisonment that it would propose to impose on the person in respect of that offence should he or she fail or refuse to comply with the conditions specified in the order.<\/p>\n<p>(2) A court shall not perform functions under subsection (1) unless it is satisfied that\u2014<\/p>\n<p>(a) the person concerned consents to the sentence of imprisonment being deferred,<\/p>\n<p>(b) the person gives an undertaking to comply with any conditions specified in an order made under subsection (1) (b) , and<\/p>\n<p>(c) having regard to the nature of the offence concerned and all of the circumstances of the case, it would be in the interests of justice to so do.<\/p>\n<p>(3) An order under subsection (1) (b) shall specify\u2014<\/p>\n<p>(a) the date (in this section referred to as the \u201cspecified date\u201d) on which it proposes to pass sentence should the person contravene a condition of the order, being a date that falls not later than 6 months after the making of the order, and<\/p>\n<p>(b) the conditions with which the person concerned is to comply during the period between the making of the order and the specified date, including a condition that the person be of good behaviour and keep the peace.<\/p>\n<p>(4) Where a court makes an order under subsection (1) (b) , it shall cause a copy of the order to be given to the person in respect of whom it is made and the Garda S\u00edoch\u00e1na.<\/p>\n<p>(5) A court that has made an order under subsection (1) (b) shall not later than one month before the specified date require the person in respect of whom the order was made, by notice, to attend a sitting of the court on that date and at such time as is specified in the notice.<\/p>\n<p>(6) If a person fails to comply with a requirement in a notice under subsection (5) , the court may issue a warrant for the arrest of that person.<\/p>\n<p>(7) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a person to whom an order under subsection (1) (b) applies has contravened a condition of the order, he or she may apply to the court to fix a date for the hearing of an application for an order imposing the term of imprisonment specified in the order in accordance with subsection (1) (b) (ii) .<\/p>\n<p>(8) Where the court fixes a date for the hearing of an application referred to in subsection (7) , it shall, by notice in writing, so inform the person in respect of whom the application will be made, and such notice shall require the person to appear before it on the date so fixed and at such time as is specified in the notice.<\/p>\n<p>(9) If a person fails to appear before the court in accordance with a requirement contained in a notice under subsection (8) , the court may issue a warrant for the arrest of the person.<\/p>\n<p>(10) Upon an application by a member of the Garda S\u00edoch\u00e1na for an order imposing the term of imprisonment specified in accordance with paragraph (b) (ii) of subsection (1) , a court may, if it is satisfied that the person in respect of whom the application was made has contravened a condition specified in the order under that subsection, impose the term of imprisonment that it proposed to impose at the time of the making of the order under that subsection (or such lesser term as it considers just in all of the circumstances of the case), unless it considers that it would in all the circumstances be unjust to so do.<\/p>\n<p>(11) On the specified date the court shall, if it is satisfied that the person in respect of whom the order under subsection (1) was made has complied with the conditions specified in the order, not impose the sentence that it proposed to impose when making that order and shall discharge the person forthwith.<\/p>\n<p>(12) On the specified date the court may, if it is satisfied that the person in respect of whom the order under subsection (1) was made has contravened a condition specified in the order, impose the term of imprisonment that it proposed to impose at the time of the making of the order (or such lesser term as it considers just in all of the circumstances of the case) unless it considers that in all of the circumstances of the case it would be unjust to so do, and where it considers that it would be unjust to impose a term of imprisonment it shall discharge the person forthwith.<\/p>\n<p>(13) A notice under subsection (5) or (8) shall be addressed to the person concerned by name, and may be given to the person in one of the following ways:<\/p>\n<p>(a) by delivering it to the person;<\/p>\n<p>(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;<\/p>\n<p>(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.<\/p>\n<p>(14) Section 18(1) of the Courts of Justice Act 1928 is amended by the insertion of \u201c, including an order under section 100 (1) of the Criminal Justice Act 2006\u201d after \u201cthe person against whom the order shall have been made\u201d.<\/p>\n<h4>Restriction on movement order.<\/h4>\n<p>101.\u2014 (1) Where a person aged 18 years or more is convicted of an offence specified in Schedule 3 and the court which convicts him or her of the offence considers that it is appropriate to impose a sentence of imprisonment for a term of 3 months or more on the person in respect of the offence, it may, as an alternative to such a sentence, make an order under this section (\u201ca restriction on movement order\u201d) in respect of the person.<\/p>\n<p>(2) A restriction on movement order may restrict the offender\u2019s movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision\u2014<\/p>\n<p>(a) requiring the offender to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or<\/p>\n<p>(b) requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,<\/p>\n<p>or both, but the court may not, under paragraph (a) , require the offender to be in any place or places for a period or periods of more than 12 hours in any one day.<\/p>\n<p>(3) A restriction on movement order may be made for any period of not more than 6 months and, during that period, the offender shall keep the peace and be of good behaviour.<\/p>\n<p>(4) A restriction on movement order may specify such conditions as the court considers necessary for the purposes of ensuring that while the order is in force the offender will keep the peace and be of good behaviour and will not commit any further offences.<\/p>\n<p>(5) A restriction on movement order shall specify the restrictions that are to apply to the offender\u2019s movements and, in particular, it shall specify\u2014<\/p>\n<p>(a) the period during which it is in force,<\/p>\n<p>(b) the period or periods in each day or week during which the offender shall be in any specified place or places,<\/p>\n<p>(c) the time at which, or the periods during which, the offender shall not be in any specified place or places or any class or classes of place or places.<\/p>\n<p>(6) In determining for the purposes of subsection (2) (a) the period or periods during which the offender shall be in a specified place or places, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty and any educational course, training, employment or other activity in which the offender is participating, and it shall ensure, as far as practicable, that that period or those periods do not conflict with the practice by the offender of his or her religion.<\/p>\n<p>(7) In determining for the purpose of subsection (2) (b) the place or places, or class or classes of place or places, the time or the periods to be specified in a restriction on movement order, the court shall have regard to the nature and circumstances of the offence of which the offender has been found guilty, the time that the offender committed the offence, the place where the offence was committed and the likelihood of the offender committing another offence in the same or similar place or places or class or classes of place or places.<\/p>\n<p>(8) A court shall not make a restriction on movement order in respect of an offender unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such an order may be made and, for that purpose, the court may request a probation and welfare officer to prepare a report in writing in relation to the offender.<\/p>\n<p>(9) A restriction on movement order which restricts the movements of an offender in accordance with subsection (2) (a) shall not be made without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.<\/p>\n<p>(10) A court making a restriction on movement order may include in the order a requirement that the restrictions on the offender\u2019s movements be monitored electronically in accordance with section 102 , but it shall not include such a requirement unless it considers, having regard to the offender and his or her circumstances, that he or she is a suitable person in respect of whom such a requirement may be made and, for that purpose, the court may request an authorised person to prepare a report in writing in relation to the offender.<\/p>\n<p>(11) Before making a restriction on movement order, the court shall explain to the offender in ordinary language\u2014<\/p>\n<p>(a) the effect of the order, including any requirement which is to be included in the order under section 102 ,<\/p>\n<p>(b) the consequences which may follow any failure by the offender to comply with the requirements of the order, and<\/p>\n<p>(c) that the court has power under section 103 to vary the order on the application of any person referred to in that section,<\/p>\n<p>and the court shall not make the order unless the offender agrees to comply with its requirements.<\/p>\n<p>(12) The court shall cause certified copies of a restriction on movement order to be sent to\u2014<\/p>\n<p>(a) the offender,<\/p>\n<p>(b) the member in charge of the Garda S\u00edoch\u00e1na station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force,<\/p>\n<p>(c) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order.<\/p>\n<h4>Electronic monitoring of restriction on movement order.<\/h4>\n<p>102.\u2014 Where the restrictions on an offender\u2019s movements in a restriction on movement order are to be monitored electronically, the order shall include\u2014<\/p>\n<p>(a) a provision making an authorised person responsible for monitoring the offender\u2019s compliance with it, and<\/p>\n<p>(b) a requirement that the offender shall, either continuously or for such periods as may be specified, have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the order to be carried out.<\/p>\n<h4>Variation of restriction on movement order.<\/h4>\n<p>103.\u2014 (1) Where a restriction on movement order is in force, the court may, if it so thinks proper, on written application by\u2014<\/p>\n<p>(a) the offender,<\/p>\n<p>(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,<\/p>\n<p>(c) a member of an Garda S\u00edoch\u00e1na, or<\/p>\n<p>(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order,<\/p>\n<p>vary the order by substituting another period or time or another place for any period, time or place specified in the order.<\/p>\n<p>(2) An application under subsection (1) shall be made on notice to such of the other parties specified in subsection (1) as is appropriate.<\/p>\n<p>(3) Where any party specified in subsection (1) objects to the variation of a restriction on movement order, the court shall not vary the order without hearing from that party.<\/p>\n<p>(4) The court shall cause certified copies of a restriction on movement order varied under this section to be sent to\u2014<\/p>\n<p>(a) the offender,<\/p>\n<p>(b) where appropriate, the owner of, or an adult person habitually residing at, the place or places or, as the case may be, the person in charge of the place or places, specified in the order,<\/p>\n<p>(c) the member in charge of the Garda S\u00edoch\u00e1na station for the area where the offender resides or, where appropriate, the area where he or she is to reside while the order is in force, and<\/p>\n<p>(d) where appropriate, an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order.<\/p>\n<p>(5) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.<\/p>\n<h4>Provisions regarding more than one restriction on movement order.<\/h4>\n<p>104.\u2014 (1) Where more than one restriction on movement order is in force in respect of an offender at any time, the period during which the offender is required to be in a specified place or places shall, notwithstanding subsections (2) and (3), not be for a period of more than 6 months.<\/p>\n<p>(2) Where a court makes restriction on movement orders in respect of 2 or more offences of which the offender has been found guilty, it may direct that the period for which the offender is required by any of those orders to be in a specified place or places shall be concurrent with or additional to that specified in any other of those orders.<\/p>\n<p>(3) Where a court makes a restriction on movement order and at the time of the making of the order there is in force in respect of the offender another such order (whether made by the same or a different court), the court making the later order may direct in that order that the period for which the offender is required by that order to be in a specified place or places shall be concurrent with or additional to that specified in the earlier order.<\/p>\n<h4>Non-compliance with restriction on movement order.<\/h4>\n<p>105.\u2014 (1) Where a restriction on movement order is in force and it appears to a court, on application by a member of an Garda S\u00edoch\u00e1na or, where appropriate, an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order, that the offender has failed, without reasonable cause, to comply with the order or any condition to which it is subject, the court may\u2014<\/p>\n<p>(a) if the order was made by a court in the district court district, or, as the case may be, the circuit, in which the offender resides or is to reside while the order is in force\u2014<\/p>\n<p>(i) direct the offender to comply with the order or any such condition in so far as it has not been complied with,<\/p>\n<p>(ii) revoke the order and make another restriction on movement order in respect of the offender, or<\/p>\n<p>(iii) revoke the order and deal with the case in any other way in which it could have been dealt with before the order was made,<\/p>\n<p>or<\/p>\n<p>(b) if the order was made by a court in another district court district or, as the case may be, another circuit, remand the offender on bail to a sitting of that court to be dealt with, and for that purpose, paragraph (a) shall apply in relation to that court, with the necessary modifications.<\/p>\n<p>(2) The matters to be taken into account by the court in arriving at a decision pursuant to subsection (1) shall include the extent to which, and the period during which, the offender has complied with the order concerned or any condition to which it is subject.<\/p>\n<p>(3) Where the court proposes to exercise its powers under subsection (1), it shall summon the offender to appear before it and, if the offender does not appear in answer to the summons, it may issue a warrant for his or her arrest.<\/p>\n<p>(4) The jurisdiction vested in the court under this section shall be exercised by a judge of the District Court for the time being assigned to the district court district, or, as the case may be, a judge of the Circuit Court for the time being assigned to the circuit, in which the offender resides or is to reside while the restriction on movement order is in force.<\/p>\n<h4>Amendment of section 5 of Criminal Justice Act 1951.<\/h4>\n<p>106.\u2014 Where 2 or more sentences, one of which is a restriction on movement order, are passed on an offender by the District Court and are ordered to run consecutively, the aggregate of the period during which the order in respect of the offender is in force and the period of any term or terms of imprisonment imposed on him or her shall not exceed the maximum period of the aggregate term of imprisonment specified in section 5 of the Criminal Justice Act 1951.<\/p>\n<h4>Documentary evidence in relation to offenders.<\/h4>\n<p>107.\u2014 (1) Evidence of the presence or absence of the offender in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being\u2014<\/p>\n<p>(a) a statement produced automatically or otherwise by a device, prescribed by regulations under section 111, by which the offender\u2019s whereabouts were electronically monitored, and<\/p>\n<p>(b) a certificate signed by an authorised person who is responsible under section 102 for monitoring the offender\u2019s compliance with the order that the statement relates to the whereabouts of the offender at the dates and times shown in the statement.<\/p>\n<p>(2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.<\/p>\n<p>(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the offender prior to the hearing.<\/p>\n<h4>Temporary release of prisoners.<\/h4>\n<p>108.\u2014 (1) A direction in respect of a person aged 18 years or more may be subject to a condition restricting the person\u2019s movements to such extent as the Minister thinks fit and specifies in the direction and those restrictions may be monitored electronically in accordance with subsection (4).<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), a direction may include provision\u2014<\/p>\n<p>(a) requiring the person to be in such place or places as may be specified for such period or periods in each day or week as may be specified, or<\/p>\n<p>(b) requiring the person not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,<\/p>\n<p>or both, but the Minister may not, under paragraph (a), require the person to be in any place or places for a period or periods of more than 12 hours in any one day.<\/p>\n<p>(3) A direction shall not be subject to a condition which restricts the movements of a person in accordance with subsection (2)(a) without the consent of the owner of, or any adult person habitually residing at, the place or places concerned or, as the case may be, the person in charge of the place or places concerned.<\/p>\n<p>(4) Where the restrictions on a person\u2019s movements imposed by a condition in a direction are to be monitored electronically, the direction shall include\u2014<\/p>\n<p>(a) a provision making an authorised person responsible for monitoring the person\u2019s compliance with the condition and the condition referred to in paragraph (b), and<\/p>\n<p>(b) a condition that the person shall, either continuously or for such periods of not more than 6 months as may be specified have an electronic monitoring device attached to his or her person for the purpose of enabling the monitoring of his or her compliance with the condition restricting his or her movements to be carried out.<\/p>\n<p>(5) A condition shall not be imposed under subsection (1)(4) or (b) unless the person concerned agrees to comply with it, but the absence of such agreement shall not confer an entitlement on that person to be released pursuant to a direction.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E37<br \/>\nElectronic monitoring devices for purposes of section prescribed (25.08.2010) by Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010), reg. 3.<\/p>\n<h4>Documentary evidence in relation to prisoners on temporary release.<\/h4>\n<p>109.\u2014 (1) In any proceedings for an offence under section 6(2) of the Criminal Justice Act 1960 evidence of the presence or absence of the person in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being\u2014<\/p>\n<p>(a) a statement produced automatically or otherwise by a device, prescribed by regulations made under section 111, by which the person\u2019s whereabouts were electronically monitored, and<\/p>\n<p>(b) a certificate signed by an authorised person who is responsible under section 108(4) for monitoring the offender\u2019s compliance with the condition in the direction that the statement relates to the whereabouts of the person at the dates and times shown in the statement.<\/p>\n<p>(2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.<\/p>\n<p>(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the person prior to the hearing.<\/p>\n<h4>Amendment of section 2(1) of Criminal Justice Act 1960.<\/h4>\n<p>110.\u2014 Section 2(1) of the Criminal Justice Act 1960 is amended by the insertion of \u201c(including, if appropriate, any condition under section 108 of the Criminal Justice Act 2006)\u201d after \u201csubject to such conditions, as may be specified in the direction\u201d.<\/p>\n<h4>Regulations regarding electronic monitoring devices.<\/h4>\n<p>111.\u2014 The Minister may prescribe by regulations the types of electronic monitoring device that may be used for the purpose of monitoring\u2014<\/p>\n<p>(a) the compliance of offenders with a requirement under section 102, and<\/p>\n<p>(b) the compliance of persons with section 108(4).<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E38<br \/>\nPower pursuant to subs. (b) exercised (25.08.2010) by Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010).<\/p>\n<h4>Electronic monitoring.<\/h4>\n<p>112.\u2014 The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for the monitoring of\u2014<\/p>\n<p>(a) the compliance of offenders with restriction on movement orders, or<\/p>\n<p>(b) the compliance of persons with a condition imposed under section 108(4) in directions in respect of such persons,<\/p>\n<p>or both.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1694\" data-postid=\"1694\" class=\"themify_builder_content themify_builder_content-1694 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>General Once a person has been convicted of a crime or offence, the judge usually has very wide discretion in relation to sentencing. \u00a0The 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. \u00a0In [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[71,362],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1694"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1694"}],"version-history":[{"count":12,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1694\/revisions"}],"predecessor-version":[{"id":33996,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1694\/revisions\/33996"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1694"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1694"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1694"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}