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.
MEDIA ADVISORY: IPRT welcomes passing of Community Service Order legislation
28th July 2011
IPRT has today welcomed the passing of the 'Criminal Justice (Community Service)(Amendment)(No. 2) Bill 2011' through both Houses of the Oireachtas; this brings IPRT's vision of a penal system where imprisonment is used only as a last resort closer to reality.
US: Drug Courts success in reducing drug taking and crime
19th July 2011
A large study of Drug Courts in the United States has shown the success of the Courts in reducing both drug taking and crime.
No Winners: The reality of short term prison sentences
8th June 2011
A new report from the Howard League of Penal Reform and the Prison Governors Association in the UK has found that prisoners prefer short term sentences to community service because they are easier.
UK: Ministry of Justice: Compendium of re-offending statistics and analysis
10th May 2011
A new report published today highlights the impact short sentences have on re-offending rates.
UK: Sentencing Council - Drug Offences Guideline Public Consultation
28th March 2011
The Sentencing Council in the UK have launched a three month public consultation on sentencing for drug offences. In their draft guideline, they focus on the various factors that need to be considered when sentencing drug offenders.
IPRT Briefing: Criminal Justice (Community Service) (Amendment) (No.2) Bill 2011
23rd March 2011
A short analysis of the Community Service Bill which will be discussed in the Dáil on 24th March 2011. IPRT welcomes the Bill from the new Minister for Justice, Mr.Alan Shatter.
Community Service Bill back in Dáil: Second Stage
21st March 2011
The Criminal Justice (Community Service)(Amendment)(No. 2) Bill 2011 is tabled for consideration by the Dáil on Thurs, 24th March. IPRT has previously welcomed this new legislation which brings our vision of a penal system where imprisonment is used only as a last resort closer to reality.
IPRT welcomes publication of Criminal Justice Bill
12th January 2011
The legislation, published today, will require the courts to consider imposing a community service order for minor offences where it would otherwise be appropriate to sentence the offender to imprisonment for a period of up to six months.
Imprisonment for non payment of debt
16th December 2010
In a report released today the Irish Law Reform Commission recommended that imprisonment for non payment of debt should be abolished within the state.
User Views of Punishment: The comparative experience of short term prison sentences and community based punishments
12th November 2010
The Scottish Centre for Crime and Justice Research has published a new report detailing the impacts of short sentences, in both prison and the community, on offenders.
