Dáil Éireann Debate, Thursday - 2 May 2024
215. Deputy Denise Mitchell asked the Minister for Justice if there are plans on the part of the Department to review minimum sentencing laws for sex crimes, especially those involving children; and if she will make a statement on the matter. [20058/24]
Amharc ar fhreagraThe Government takes the issue of sexual exploitation of children very seriously and there is comprehensive legislation in place to deal with these offences.
The Criminal Law (Sexual Offences) Act was enacted in 2017. This wide-ranging piece of legislation significantly enhanced the laws combatting the sexual exploitation and sexual abuse of children.
The Deputy may also be aware that the Criminal Law (Sexual Offences) Act 2019 amended the 2017 Act to provide for specified minimum penalties for repeat sexual offenders.
This applies where a person is convicted on indictment of a sexual offence and sentenced to 5 years or more in prison. If that person commits a subsequent sexual offence within ten years of their first conviction, the court must impose a minimum jail term of not less than three quarters of the maximum term for the sexual offence in question.
If the maximum term is life imprisonment then the term imposed must be a minimum of 10 years. This can be disregarded where the court feels it would be disproportionate in all the circumstances of the case; it also does not apply to child offenders.
It is important to emphasise that, under the Constitution and the law, the courts are independent in their functions. The conduct of any court case is a matter for the presiding judge and it is not possible for the Minister or the Department of Justice to comment on, or intervene in, the conduct or the outcome of court proceedings.
It is also a matter solely reserved to the presiding judge to decide where on the sentencing range a convicted person should be placed having regard to the individual circumstances of each case. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review a sentence she regards as unduly lenient.
