Dáil Éireann Debate, Tuesday - 18 September 2012
1196. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if he intends reviewing the law in relation to sexual offences to ensure that those who carry out sexual attacks receive appropriate sentences particularly in view of the sentence handed down by the courts recently in the Lyons case; and if he will make a statement on the matter. [37778/12]
Amharc ar fhreagraAs 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 sentence 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. Also, 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 I expect this review to get underway shortly. 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 will publish its final report in due course. I will await the outcome of both these reviews and consider the recommendations made before taking any further action regarding the law on sentencing.
