Dáil Éireann Debate, Monday - 11 September 2023
1168. Deputy Patrick Costello asked the Minister for Justice her views on the increasing number of short-term prison sentences being imposed by Judges given research has shown short-term sentences are generally ineffective in terms of rehabilitation and deterrence (details supplied); and if she will make a statement on the matter. [38328/23]
View answerAs the Deputy will be aware, the judiciary, as the third branch of Government, are independent in the matter of sentencing, subject only to the Constitution and the law.
However, I can assure the Deputy that the Government is committed to building stronger, safer communities, including by progressing policies aimed at reducing offending, diverting people away from the criminal justice system, where appropriate and by providing effective rehabilitation.
This includes implementing the recommendations in the Review of Policy Options for Prison and Penal Reform 2022-2024 which was published last year. Under this review, the Government agreed to look at the use of short custodial sentences (especially sentences under 3 months) and explore how the judiciary can be provided with a greater range of non-custodial sanctions.
The review seeks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community based sanctions are more appropriate in diverting offenders away from future criminal activity.
The purpose of the Review of Policy Options for Prison and Penal Reform is to strengthen the options available to judges when they are considering sentencing in cases. This will facilitate the effective and efficient use of community sanctions by the courts, and ensure that the courts have a wide range of appropriate options for dealing with those who have committed minor offences.
My Department has commissioned researchers to engage with the District Court on the operation of the Criminal Justice (Community Service) (Amendment) Act 2011 and to produce a report on judicial insights and perspectives of the 2011 Act. The outcomes of this report will be considered in detail in the context the aforementioned Review of Policy Options for Prison and Penal Reform.
Further, my Department has undertaken a policy review of the previously published General Scheme of the Criminal Justice (Community Sanctions) Bill 2014. Following on from this, I expect to bring a revised General Scheme to Government in due course.
The Probation Service has also commissioned two reviews of Community Service.
In 2021, an Evidence Review was undertaken, which highlighted the opportunity Community Service provides to support desistence, reparation and building personal capacity. It recommended that a desistence informed approach to Community Service be imbedded, inclusive of restorative justice and social justice approaches.
Building on the Evidence Review, a recently completed Community Service Operational Review includes recommendations that support strengthening Community Service operations, informed by the principles of desistence, restorative justice and social justice. The implementation planning stage has now commenced which aims to deliver on actions informed by both reviews.
