Dáil Éireann debate -
Thursday, 4 Feb 1999

Vol. 499 No. 5

Written Answers. - Sentencing Policy.

Derek McDowell

Question:

44 Mr. McDowell asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to implement the recommendations of the Law Reform Commission on the introduction of non-statutory guidelines on sentencing; and if he will make a statement on the matter. [3036/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The House will be aware that the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and I, as a member of the Executive, am precluded from intervening directly.

The Courts and Court Officers Act, 1995, enables me to provide funds for judicial training courses arranged by the Judiciary and, this year, I have made £60,000 available to the Judicial Studies Institute, which was established by the Chief Justice for the purposes of judicial training. I understand that the issue of sentencing has been examined by the Institute in the context of its training programme. In addition, I understand that the benches of the various courts hold meetings to discuss, inter alia, the avoidance of undue divergence in the exercise of the jurisdiction of the court and the general level of fines and penalties.

I might also say that under our legal system, the law provides generally for maximum penalties for criminal offences. The law enables the judge to exercise his or her discretion, within the maximum penalty, by reference to the conclusions he or she has reached after trying the case, hearing all the evidence and assessing the culpability and the circumstances of the accused. Our system of recruitment to all levels of the judiciary is based on the concept of bringing in experienced and trained legal practitioners and, consequently, judges, on appointment, have a wide knowledge of the law and its application.

The complex question of sentencing policy was addressed at length by the Law Reform Commission. Action has already been taken on a number of its recommendations. For example, the Criminal Law Act, 1997, abolished the penalties of penal servitude and imprisonment with hard labour.

The Law Reform Commission report specifically recommends against the introduction of statutory sentencing guidelines. Other recommendations contained in the report are being considered at present. Any proposals which may emerge from this examination will be announced in the usual way. Finally, the report pointed up a number of differences of opinion among members of the commission which tends to underline the obvious complexities which arise in relation to sentencing policy.