Dáil Éireann Debate, Tuesday - 16 July 2013
864. Deputy Clare Daly asked the Minister for Justice and Equality the steps open to a person who has concerns based on an examination of judgments that a member of the Judiciary is consistently awarding lenient sentences in sexual assault cases; and if he will explain the way that judge can be called to account for their actions. [34374/13]
View answerAs the Deputy may be aware, the courts are independent in the matter of sentencing as in other matters regarding the exercise of their judicial functions. A presiding judge is responsible for the administration of his or her court. The decision reached in any case and the factors taken into account in determining a case are matters for the presiding judge who is subject only to the Constitution and the law. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard lies in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient. The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. ISIS is being developed as a valuable tool not only for members of the Judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families. The Judiciary, through the Judicial Research Office, is undertaking the detailed work of gathering and providing information via the website. This includes an analysis of sentencing in rape cases published in January last. The Deputy may also be aware that I have established a Penal Policy Review Group to carry out a review of all aspects of penal policy which I expect to report to me in the autumn. In addition, the Law Reform Commission has recently published a report on Mandatory Sentencing. The recommendations contained in the report will be fully considered in my Department together with the report of the Penal Policy Review Group when it has been finalised.
