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.
11th June 2013
The Report was conducted by The Law Reform Commission and is supported by The Irish Penal Reform Trust (IPRT) who have campaigned against mandatory and presumptive sentencing.
20th March 2013
The Irish Sentencing Information System (ISIS) has launched a new bulletin written by Tom O’Malley B.L., aiming to keep readers informed of developments in sentencing in Ireland and abroad.
15th August 2012
The Irish Penal Reform Trust (IPRT) welcomes the significant increase in the use of community sanctions as an alternative to imprisonment revealed in The Probation Service Annual Report 2011, which was published today.
7th August 2012
The Parole Board should operate independent of government and on a statutory basis.
30th April 2012
The IPRT submission to the Law Reform Commission consultation process on mandatory sentencing is published here.
24th January 2012
Under new sentencing guidelines in England and Wales, those who have been exploited by criminal gangs and forced in to smuggling drugs, will receive more lenient sentences.
19th January 2012
The Law Reform Commission has today published a Consultation Paper on Mandatory Sentences.
6th December 2011
A report published by the Homicide Advisory Review Group argues that the public would be open to ending mandatory life imprisonment for murder.
12th September 2011
Make Justice Work have today published the findings of the National Enquiry, set up to investigate the efficacy and cost of short term prison sentences versus robust community based alternatives for low-level offenders.
8th September 2011
The Criminal Justice Alliance (CJA) welcomes the commitment set out in the Governments recent response to the 'Breaking the Cycle' consultation to use restorative justice interventions at each stage of the justice system.
Respect for rights in the penal system with prison as a last resort.