Greater Consistency Required in Sentencing-O'Brien

Greater Consistency Required in Sentencing-O'Brien


Sinn Féin Justice Spokesperson, Jonathan O’Brien TD, has said the government must introduce measures to improve consistency in sentencing as part of the forthcoming White Paper on Crime.

Deputy O’Brien was speaking after the Minister for Justice, in reply to a Parliamentary Question, said consultations on the paper had produced no consensus on the introduction of sentencing guidelines for the judiciary.

The Sinn Féin TD responded:

“If the public are to have confidence in the judiciary, there needs to be consistency and fairness in sentencing policy. In my own constituency of Cork North Central people have seen a convicted heroin dealer, caught in possession of drugs with a street value of €200,000, receive a six year suspended sentence while an individual who failed to pay his fishing licence was sent to Cork prison for almost a week.”

“While past governments have introduced mandatory minimum sentences for a number of serious crimes, in practice these have had limited impact on sentencing policy. Judges have widely used the provision for “extenuating circumstances” to hand down lesser sentences.”

“While I respect the constitutional independence of the judiciary, there are a number of steps the government should take to ensure greater consistency in sentencing.”

“Judges should be required to give detailed reasons for their sentencing decisions, especially in cases where there is a mandatory minimum sentence which they choose not to impose.”

“Members of the judiciary should take refresher courses in criminal law and current criminal justice policy after a number of years on the bench. At present, once judges are appointed they continue to exercise their office without any further training or oversight until retirement.”

“The new Irish Sentencing Information System (ISIS) database, which will gather information on sentences and court judgements, should be routinely referred to by sentencing judges to ensure consistency across the system.”

“There needs to be a greater emphasis on rehabilitation and non-custodial sanctions in the Criminal Justice system.”

“Sentencing policy is crying out for reform. It is in the judiciary’s own interests to meet that demand. In order to maintain public faith in the Criminal Justice System, the White Paper on Crime needs to include measures like those I have outlined.”

For further information or comment contact Deputy Jonathan O’Brien @ 085-2133907