Dáil Éireann Debate, Thursday - 16 February 2023
58. Deputy Colm Burke asked the Minister for Justice to confirm that consideration will be given to reforming sentencing laws to ensure tougher sentences for those convicted of violent crimes and sexual violence crimes; the progress that has been made to date; and if he will make a statement on the matter. [7740/23]
Amharc ar fhreagraI know the Deputy will appreciate that Judges are independent in the exercise of judicial functions, including in relation to sentencing, subject only to the Constitution and the law.Nonetheless it is worth noting that as a general rule, the court is required to impose a sentence which is proportionate not only to the crime but to the individual offender. In doing so the Court identifies where on the sentencing range the particular case should lie and then applies any mitigating factors which may be present.As the Deputy will be aware, section 2 of the Criminal Justice Act 1993 provides an important safeguard in that the Director of Public Prosecutions may apply to the Court of Appeal to have a sentence imposed by the trial court reviewed if it appears that the sentence imposed was, in law, unduly lenient.
The Deputy will also be aware that the Oireachtas has a role in relation to setting maximum sentences. In relation to maximum sentences, the Government are proposing to make a number of changes.
Government has approved the publication of the Criminal Justice (Miscellaneous Provisions) Bill 2022. Following the tabling of Government amendments at Committee stage, the Bill now provides for an increase from 5 to 10 years for the maximum sentence for assault causing harm – one of the most common offences in domestic violence cases. The Bill also contains provisions to make stalking and non-fatal strangulation standalone offences. While both are already crimes, this will make the law clearer and stronger. The Bill also provides for an increase in the sentence for the offence of conspiracy to commit murder from a maximum of ten years imprisonment to a maximum sentence of up to life imprisonment.
In addition, I am updating sexual offences legislation, which will include updating the law around consent and introduce a number of reforms in line with the commitments in Supporting a Victim's Journey , the plan to put the victim at the centre of the criminal justice system.
I will also seek to enact the Sex Offenders Bill which will strengthen the management and monitoring of sex offenders in the community. This Bill will also allow for the electronic tagging of sex-offenders and for the Gardaí to disclose information about previous convictions to a member or members of the public where the sex-offender poses a risk of causing harm.
In addition, I am examining reforms to the current mandatory life sentence for murder which would allow a judge to specify a minimum number of years, or tariff, to be served for murder. This change would allow the courts to reflect the aggravating factors and gravity of certain cases and give the public more confidence that, in the most heinous murder cases, judges will have the discretion to set a minimum tariff for a life sentence before the person can go before the Parole Board.
