Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 5 Oct 2000

Vol. 523 No. 3

Written Answers. - Sentencing Policy.

Breeda Moynihan-Cronin

Question:

16 Mrs. B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform his views on the recent suggestion made by a person (details supplied) of the Criminal Assets Bureau that legislation should be introduced to allow for plea bargaining as part of the criminal justice system; and if he will make a statement on the matter. [20169/00]

I assume that the Deputy is referring to the discussions on the subject of "Advance considerations of sentencing where an accused pleads guilty" which took place at the national prosecutor's conference held in Dublin Castle on May 20 this year. Speakers on this subject addressed the conference on the case for and the case against plea negotiations. The speaker referred to by the Deputy spoke in favour of plea negotiations.

The law already recognises the desirability of guilty persons entering a guilty plea at an early stage to spare the victim and to save court time. Section 29 of the Criminal Justice Act, 1999, sets out as factors which a court may take into account in determining the sentence to be passed when pleas of guilty are entered, the time they are entered and the circumstances in which they are entered.
However, the situation to which the speaker in question referred is where discussions might take place between a judge and defence and prosecution counsel in private as to what penalty should be imposed on the defendant in the event of a guilty plea. Such a practice would have to be considered in light of Article 34.1 of the Constitution which requires justice to be administered in public.
I understand that the Director of Public Prosecutions in a direction issued to the Chief State Solicitor and State solicitors in June 1998 instructed that any such practice should be discontinued, at least as far as prosecution counsel are concerned.
The Law Reform Commission in its report on sentencing [LRC-1998] expressed serious misgivings about such a practice and indicated that it would make no recommendation for legislation in the area of plea negotiation.
In the circumstances, I have no proposals to introduce legislation to deal with this type of practice. However, I understand the Attorney General intends to take soundings on the general subject of sentencing.
Top
Share