asked the Minister for Justice if his Department are conducting or plan to conduct, any survey of sentencing practices in the courts; when any such survey will be completed; and if the results will be published.
Written Answers. - Court Sentencing Practices.
442.
I presume the Deputy has in mind a survey to determine to what extent disparties occur in the sentences imposed in the courts for offences which may appear to have marked similarity, and the reasons for such disparities. Such a survey would involve the examination of the circumstances of individual cases and would require the researcher to make an evaluation of cases without, for one thing, his having access to the totality of the facts taken into account by the court. Moreover, a survey of this kind would be difficult to defend against the accusation that it represented an intrusion by the Executive into the area of judicial independence.
The desirability of having a considerable degree of uniformity in the approach to sentencing is, of course, recognised by all concerned with the administration of justice. The great majority of criminal charges are disposed of in the District Court and section 36 of the Courts (Supplemental Provisions) Act, 1961 provides for the convening by the President of the District Court of meetings of justices to discuss matters relating to the discharge of the business of that court, including, in particular such matters as the avoidance of undue divergences in the exercise by the justices of their jurisdiction and the general level of fines and other penalties.
Moreover in response to a recommendation made by the Committee on Court Practice and Procedure, the Chief Justice, in 1976, started a series of regional conferences of the Judiciary to discuss matters relating to the administration of justice. I understand that sentencing practices have been among the matters discussed at those meetings.