Michael Bell
Question:49 Mr. Bell asked the Minister for Justice, Equality and Law Reform the measures, if any, he will take to ensure consistency of sentencing by courts; and if he will make a statement on the matter. [21228/97]
Written Answers. - Court Procedures.
In general under our legal system, the law provides for maximum penalties for criminal offences, leaving it to the discretion of the judge to decide on the appropriate penalty in the light of the evidence presented in a particular case. Mandatory penalties are an exception to this. There are mandatory sentences in the case of murder and treason and the Deputy will be aware that the Criminal Justice Bill which was recently published proposes minimum mandatory sentences in the case of serious drug trafficking offences.
As an aid to consistency in sentencing the Criminal Justice Act, 1993 gives power to the Director of Public Prosecutions to appeal against what appears to the Director to be unduly lenient sentences.
There is statutory provision for meetings of District Court judges to discuss, inter alia, the avoidance of undue divergence in the exercise of their jurisdiction and while there is no similar provision in the case of judges of the other courts it is understood that they hold similar meetings. I might also mention in this context the establishment by the Chief Justice last year of the Judicial Studies Institute which is funded by my Department.
Finally, I might add that last year the Law Reform Commission produced a report on sentencing. This is being considered in my Department and any proposals which may emerge from this examination will be announced in the usual way.