Niall Collins
Ceist:152. Deputy Niall Collins asked the Minister for Justice and Equality his views on minimum mandatory sentencing; and if he will make a statement on the matter. [12348/14]
Amharc ar fhreagraWednesday, 12 March 2014
Ceisteanna (152)
Freagraí scríofa
The Deputy will appreciate that judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, the role of the Oireachtas has been to specify in law a maximum penalty and a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. 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.
There are, of course, a small number of situations where statute has created exceptions to this approach, most notably by providing for mandatory sentences for murder and presumptive minimum sentences in the case of certain firearms and drug trafficking offences. Except for exceptional circumstances, I am of the view that the Oireachtas should be cautious in prescribing mandatory sentences. In September 2012, a working group was established to undertake an all encompassing strategic review of penal policy in line with the recommendations of the Thornton Hall Project Review Group. This review is examining all aspects of penal policy including sentencing policies and the Group is expected to report in the next few months. In addition, in June 2013, the Law Reform Commission published a report on mandatory sentences. The recommendations contained in that report will be considered together with the report of the Penal Policy Review Group when it has been finalised.