Dáil Éireann díospóireacht -
Wednesday, 21 Feb 1996

Vol. 461 No. 8

Written Answers. - Criminal Justice Legislation.

Eric J. Byrne

Ceist:

44 Mr. E. Byrne asked the Minister for Justice the proposals, if any, she has to amend the Criminal Justice Act, 1984 in order to ensure that judges pass consecutive sentences in respect of crimes committed while on bail; and if she will make a statement on the matter. [3885/96]

Minister for Justice (Mrs. Owen)

Section 11 of the Criminal Justice Act, 1984, provides that "Any sentence of imprisonment passed on a person for an offence committed... while he was on bail shall be consecutive on any sentence passed on him for a previous offence...". This is subject, in the case of the District Court, to the aggregate term of imprisonment not exceeding two years.

In its recent report on the law of bail, the Law Reform Commission suggested that the view might be taken that this section has been deprived of some of its deterrent power in the light of decisions by the courts that the section permits one of the consecutive sentences to be a suspended sentence and that the overall sentence must be proportionate in its totality.

While I, of course, accept the principle that our criminal law should do what it can to attempt to deter the commission of offences by persons while on bail, the judgements to which the Law Reform Commission refers give rise to complex issues. I am addressing these in the context of my examination of the Law Reform Commission report. This examination is being finalised at present with a view to putting proposals to the Government in the near future.