Dáil Éireann debate -
Tuesday, 27 Feb 1996

Vol. 462 No. 2

Written Answers. - Prison Sentences.

Tony Gregory

Question:

184 Mr. Gregory asked the Minister for Justice her views on whether the sentence imposed in a case (details supplied) can be reviewed; and, if not, if she will ensure that the two persons convicted serve their full sentence and are not facilitated by the revolving door in Mountjoy prison, Dublin. [4183/96]

Tony Gregory

Question:

187 Mr. Gregory asked the Minister for Justice the concerns, if any, she has regarding the trend set in recent court cases, where persons convicted of supplying significant amounts of heroin had between one third and two thirds of their sentences suspended following pleas that the cases were exceptional and so on; her views on whether this trend is undermining the Government's view that the fight against drugs is paramount; and if she will make a statement on the matter. [4199/96]

Minister for Justice (Mrs. Owen)

I propose to take Questions Nos. 184 and 187 together.

The courts are, subject only to the Constitution and the law, completely independent in the exercise of their judicial functions and accordingly, I am precluded from commenting on the outcome of any particular court hearing. In relation to the imposition of sentences, our legal system allows judges to exercise their discretion, within limits, by reference to the circumstances and evidence revealed in each case. This is long-standing principle of our system of justice and I cannot direct the courts to rehear evidence or alter a sentence imposed. Section 2 of the Criminal Justice Act, 1983, provides that the Director of Public Prosecutions may apply to the Court of Criminal Appeal to review a sentence which he considers to be unduly lenient.

On 25 March 1993, the Law Reform Commission issued a consultation paper on ‘Sentencing' which sets out the commission's preliminary proposals on the topic. The commission expects to publish its final report on ‘sentencing' in the coming months. This report will be fully considered in my Department when it becomes available. As to the Deputy's concerns that the convicted persons serve their full sentences, I refer the Deputy to my reply to Question No. 186.