Dáil Éireann debate -
Wednesday, 15 May 1996

Vol. 465 No. 4

Written Answers. - Appeals Against Severity of Sentences.

Mary Harney

Question:

47 Miss Harney asked the Minister for Justice the number of cases in each of the past three years in which defendants have appealed against the severity of their sentence; the number of such appeals that were successful; the role of the State in such appeals; and if she will make a statement on the matter. [9778/96]

Minister for Justice (Mrs. Owen)

The number of appeals lodged in the legal year ending 31 July 1993, 31 July 1994 and 31 July 1995 against District Court orders is as follows:

For Year Ending	Number of District Court Convictions Appealed	Number of Appellants
31 July 1993	13,769	5,276
31 July 1994	13,690	7,386
31 July 1995	16,782	6,565

A defendant can appeal against the conviction and sentence or against the severity of sentence only. The statistics available on District Court appeals do not distinguish between the grounds of appeals. Statistics are not available on the results of these appeals.

Appeals against orders made in the Circuit Criminal Court, the Central Criminal Court and the Special Criminal Court are made to the Court of Criminal Appeal. The latest figures available for the number of appeals to the Court of Criminal Appeal are for the legal year ending 31 July 1993 and these are as follows:

Appeals Against	Number of appeals received in Year ending 31-07-93	Number of Appeals Heard in Year ending 31-07-1993
Conviction and Sentence	15	8
Conviction only	29	29
Sentence only	77	76
Total	121	113

Results of the Appeals heard in the Court of Criminal Appeal in year ending 31-07-93

Result	Conviction and Sentence	Conviction only	Sentence only	Total
Conviction and Sentence Quashed and
(a) Applicant Released	1	5	—	6
(b) Re-trial Ordered	2	5	—	7
Order Varied	1	—	14	15
Appeal Withdrawn	1	11	35	47
Appeal Refused	3	8	27	38

Figures for appeals to the Court of Criminal Appeal for years ending 31 July 1994 and 31 July 1995 are being compiled at present. When the figures become available I will forward them to the Deputy.

All appeals are handled on behalf of the Director of Public Prosecutions by the Chief State Solicitor's Office. Appeals from District Court orders are heard in the Circuit Court and a solicitor from the Chief State Solicitor's office represents the DPP in court. Barristers instructed by the Chief State Solicitor's office represent the DPP in the Court of Criminal Appeal. The decision to grant or refuse an appeal is a matter for the courts which are subject only to the Constitution and the law independent in the exercise of their judicial functions.