Sentencing
A strategic goal of IPRT is to promote reform of Irish sentencing practice and help ensure greater transparency around the principles and purposes of sentencing.
We aim to promote the principle that detention should only be used as a last resort while remaining committed to supporting the principles of proportionality and judicial independence in sentencing.
IPRT believes that imprisonment itself causes serious social harms, and therefore should only be used sparingly at the point of sentencing when non-custodial alternatives are not available or are deemed inappropriate.
IPRT does not support any type of sentencing that either removes or severely limits the discretion of the judge to decide what sentence should apply, given all the circumstances of the case.
One example of this approach is mandatory sentencing, where there is no discretion left to the judge. It means that for certain offences, the judge must impose a particular sentence (a particular term of imprisonment). There is no other option regarding sentencing available to the court.
Another example is called ‘presumptive minimum’ sentencing; this type of sentence means that a judge must apply a specific minimum penalty, unless exceptional circumstances exist that would make it unfair or unjust to do so. However, such circumstances can often only be considered for the first offence, as for second or other offences, the minimum sentence must then be imposed regardless. This type of sentencing is often used with serious offences, such as certain drug offences, firearms offences, and murder (murder carries a mandatory life sentence). IPRT opposes this type of sentencing on the basis that such sentences are ineffective in preventing or responding to crime.
In the Criminal Justice Policy: Review of Policy Options for Prison and Penal Reform 2022-2024, the Department of Justice outlined actions that will significantly impact sentencing in Ireland, such as proposals to incorporate the principle of ‘prison as a last resort’ in statute and to develop and expand the range of community sanctions as alternatives to imprisonment. IPRT will continue to advocate for the Government to meet these commitments.
Life Sentences and Whole Life Orders - IPRT
19th March 2025
IPRT responds to the recent article in which a politician proposes an amendment to the forthcoming Life Sentences Bill to include a provision for Whole Life Sentences.
IPRT letter to the Sentencing Guidelines and Information Committee consultation on guidelines for crimes committed in the context of an intimate relationship
28th February 2025
The Irish Penal Reform Trust (IPRT) submitted a letter to the Sentencing Guidelines and Information Committee on its recent consultation on the draft proposal for a sentencing guideline relating to crimes committed in the context of an intimate relationship.
Irish Daily Mail: More Community Service and less jail to cut costs
6th January 2025
Opting for community service over the use of short sentences would save money, benefit society and tackle overcrowding in prison, says IPRT
Report: Community or Custody - Evidence and Sentencers’ Perspectives on Community Service orders and Short-Term Prison Sentences
6th November 2024
On 6 November 2024, the Department of Justice launched their report Community or Custody? Evidence and Sentencers’ Perspectives on Community Service Orders (CSOs) and Short-Term Prison Sentences.
Parole Board's Annual Report 2023 published
14th October 2024
The Irish Penal Reform Trust (IPRT) welcomes the publication of the Parole Board's Annual Report 2023 which was published on the afternoon of Friday 11 October 2024. This is the second Annual Report the Board has published since becoming a statutory body and the first that includes a full year of decision making on applications.
Passage of the Criminal Justice (Amendment) Bill 2024
11th October 2024
This legislation will address an issue of unconstitutionality recently identified by the High Court in which the Court ruled that a child who commits murder but turns 18 years old before sentencing should not be subject to the mandatory life sentence for murder.
IPRT Submission to the Joint Committee on Justice on the Life Sentences Bill 2024
4th October 2024
Irish Penal Reform Trust (IPRT) welcomed the opportunity to make a submission to the Joint Committee on Justice on the General Scheme of the Life Sentences Bill 2024 (‘the Bill’) to inform its pre-legislative scrutiny process.
RTÉ Radio 1: Judges may be able to recommend minimum sentences under new Government plans
7th August 2024
On 7 August 2024, Irish Penal Reform Trust Executive Director featured on RTÉ Radio 1 discussing the news that judges may be able to recommend minimum sentences under new Government plans.
Irish Legal News: Foreign nationals less likely to be granted bail by Irish judges
7th May 2024
IPRT comments on the Irish Council for Civil Liberties (ICCL) research report into the use of pre-trial detention and the denial of bail in Ireland.
Irish Examiner: ‘Dramatic’ increase in number of people detained in custody before trial
7th May 2024
IPRT commented on the new report research report published by the Irish Council for Civil Liberties (ICCL) that examines the use of pre-trial detention and the denial of bail in Ireland.
