Under the new draft laws, judges will recommend the minimum term to be served before parole consideration. Although the Parole Board will be required to consider these recommendations, they will not be binding, and the Parole Board will maintain the authority to decide when a prisoner can be released. Notably, a prisoner will not be automatically released after serving the judicially recommended minimum term.
Minister for Justice Helen McEntee published the general scheme of the draft laws, known as the Life Sentences Bill 2024. The bill will undergo pre-legislative scrutiny by the Joint Oireachtas Committee on Justice. The Department of Justice will collaborate with the Office of Parliamentary Counsel to advance the bill's drafting.
Minister McEntee stated that the bill aims to ensure that sentencing courts can reflect the severity of the most heinous offenses. “Judges will be able to recommend minimum terms of 25, 30 years or even longer where that is warranted,” she said. McEntee emphasized that the judiciary should have a range of sentencing options to match the punishment to the crime committed. The objective is to ensure that the “sentence matches the crime” for Ireland’s violent criminals, she added.
In recent years, Ireland has seen an increase in maximum penalties for various violent offenses. Last year, the maximum penalty for assault causing harm was raised from five to ten years, and the maximum sentences for assaulting gardaí and frontline workers were increased from seven to twelve years. Additionally, new standalone offenses of non-fatal strangulation and stalking were introduced.
Taoiseach Simon Harris praised the bill as “an important step forward” in strengthening laws to handle serious crimes. He noted that the legislation would bring about a much-needed reform in life-sentencing practices, allowing judges to fully consider the circumstances of the offense, the offender's culpability, and the harm caused.
Currently, life sentences are mandatory for anyone convicted of murder or treason in Ireland. They can also be handed down for other serious crimes, including rape, attempted murder, and assault causing serious harm. According to the most recent figures, individuals sentenced to life in prison in Ireland now spend an average of 21 years behind bars.
In the UK, when someone is given a life sentence, they are subject to that sentence for the rest of their life. A judge must specify the minimum term an offender must spend in prison before becoming eligible to apply for parole, known as the tariff. The offender will only be released after serving the minimum term if the Parole Board is satisfied that they no longer pose a threat to the public. If released, the offender will remain on licence for life and can be recalled to prison if deemed a risk to the public. The exception is a 'whole life order', which means the offender will spend the rest of their life in prison.
The Life Sentences Bill 2024 represents a significant step towards reforming the criminal justice system in Ireland. It aims to provide a more nuanced approach to life sentences, ensuring that the punishment reflects the gravity of the crime. The new proposals are designed to create a more transparent and equitable sentencing system, where the severity of the punishment matches the seriousness of the crime committed.
