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Sentencing Policy

Dáil Éireann Debate, Thursday - 25 October 2012

Thursday, 25 October 2012

Questions (156)

Éamon Ó Cuív

Question:

156. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality in view of recent judgements, if he intends changing the law to ensure convicted sexual offenders get custodial sentences of an appropriate length; and if he will make a statement on the matter. [46934/12]

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Written answers

As the judiciary are independent and subject only to the Constitution and the law, it would be inappropriate for a member of the Executive to make any comments connected to a judgment in an individual case, particularly where the sentence is or could become the subject of an appeal. More generally, legislation relating to sexual offences usually provides for the maximum sentence to be imposed. In some cases, special provisions apply. For example, an offence by a person in authority is effectively treated as an aggravating factor in the case of certain sexual offences against children.

It is the responsibility of the presiding judge to determine the sentence to be imposed in a particular case having heard all the evidence presented, and taking case law, including appeals, into account. This allows the court to weigh all the circumstances of the offence and all the relevant aggravating and mitigating factors. Section 6 of the Criminal Justice Act 1993 provides for the making of a compensation order (on application or otherwise) against a convicted person by the court instead of or in addition to dealing with the person in any other way, unless it sees reason to the contrary. The Director of Public Prosecutions can appeal against a sentence imposed if she believes it to be unduly lenient.

The Government is committed to a strategic review of penal policy, including sentencing, and this review is now underway. In addition, the Law Reform Commission is reviewing the law on mandatory sentences and published a consultation paper in January this year. The Commission invited submissions on its consultation paper from interested parties and is expected to publish its final report in early 2013. I will await the outcome of both these reviews and consider the recommendations made before taking any further action regarding the law on sentencing.

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