28th February 2024
Ireland has a largely unstructured sentencing system. This means that judges enjoy a wide measure of discretion in individual cases when giving a sentence for a criminal offence, however, judges are making these decisions within the broad legal parameters of statutory law, constitutional law, and common law (Guilfoyle & Marder 2021).
In general terms, the principle of proportionality is key. Judges must pass a sentence that is proportionate to the gravity of the offence and the personal circumstances of the offender (Law Reform Commission 2020).
Irish law also recognises further sentencing aims including: retribution; deterrence (general and specific); incapacitation; and rehabilitation (Law Reform Commission 2020).
A significant recent development was the establishment of a new sentencing council in Ireland – the Sentencing Guidelines and Information Committee (SGIC) – by the Judicial Council Act 2019 (sections 23-28, 91-92). It is responsible for collecting information on sentences given by the courts, and for making this information available to the judiciary and to the public on its website. It is also responsible for preparing and monitoring the operation of sentencing guidelines in Ireland. As of September 2023, these sentencing guidelines are still in the process of being researched and prepared by the SGIC.
Respect for rights in the penal system with prison as a last resort.