Dáil Éireann Debate, Tuesday - 6 November 2018
443. Deputy Catherine Connolly asked the Minister for Justice and Equality when the Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 will be commenced; and if he will make a statement on the matter. [45770/18]
Amharc ar fhreagraIt is proposed to commence the Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 in the next Court term. Commencement of the legislation had to be delayed pending the drafting of necessary District Court Rules, which are detailed and technical in nature, and the provision of training to Courts Service staff to facilitate proper implementation of the revised suspended sentencing arrangements. The District Court Rules are currently in the process of being finalised, having regard to legal advices from the Office of the Attorney General.
As the Deputy may be aware, the legislation was brought forward following a High Court judgment in April 2016 which found certain provisions of section 99 of the Criminal Justice Act 2006 in relation to the activation of suspended sentences to be unconstitutional. The essential difficulty was the lack of an effective appeal mechanism in respect of a second, triggering conviction prior to referral to the original court for a decision on activation of a suspended sentence. It should be noted, however, that the whole of section 99, which provides for the overall suspended sentencing regime, was not struck down. This meant that the general power to suspend sentences remained. It also meant that provisions providing another mechanism for the activation of suspended sentences remained in place, as an alternative to the courts-driven process. This allows a member of the Garda Síochána, a probation officer or the governor of a prison to apply to the court for activation of a suspended sentence where a breach of the conditions of the suspension has occurred. This alternative mechanism has therefore remained available to the relevant authorities pending commencement of the amending legislation.
