Judges will be able to recommend minimum prison terms of 25, 30 years or longer for the most heinous crimes under proposals for a new law to be published today.
Under the plans, judges will have a formal role in recommending minimum sentences before criminals should get parole, in cases where life sentences can apply. The average life sentence served in Ireland is about 21 years.
However, the judge’s recommendation will be non-binding, and the Parole Board will be ultimately responsible for deciding on a release date.
A commitment to bring forward proposals to make changes to the law in relation to life sentences was included as part of the Justice Plan 2022.
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At the time, Minister for Justice Helen McEntee was to examine reforms that would allow trial judges to determine a minimum number of years to be served in the most heinous murder cases.
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The later Review of Policy Options for Prison and Penal Reform 2022-2024 included a proposal to introduce judicial discretion to set minimum tariffs for life sentences.
The proposals to be published today in the general scheme, or outline, of the Life Sentences Bill 2024, do not go this far.
The Department of Justice said the Bill will give sentencing judges a formal role “in informing decisions on the release of life-sentenced prisoners on parole”.
When sentencing, judges will make a recommendation on what minimum term should be served in prison before parole is granted.
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The Parole Board will be required to take that recommendation into account in making their decisions.
The department said: “The recommendation will address the minimum term to be served in custody.
“It will be non-binding, and the Parole Board will continue to be responsible for deciding when a person will be released.”
The department’s statement added: “A prisoner will not be automatically released after the judicially recommended minimum has been served.”
Treason and murder are crimes that are subject to mandatory life sentences.
Life imprisonment may also be imposed for a range of other serious offences, including rape, attempted murder and assault causing serious harm.
A source outlined reasons why the proposals do not go as far as to allow judges to determine the minimum sentences, saying “It had been originally proposed that a minimum tariff would only be applied in a very limited number of very heinous cases where a mandatory life sentence applied.”
The source added: “As the policy was developed, and legal advice considered, the proposal was finalised and it included extending the change to cover all life sentences, including both discretionary and non-discretionary ones.”
The final policy is also said to have considered the role of the Parole Board. The board will be able to take full account of the views of the trial judge, but it is not intended to limit the Parole Board’s oversight role in relation to a person who has been sentenced to life imprisonment.
It is expected that the minimum term will “carry a lot of weight in deciding parole”.
However, the parole decision is made many years later, and it “has to take into account what has happened since”.
Commenting on the proposed legislation, Taoiseach Simon Harris said it will “allow judges when imposing sentence to fully reflect all of the circumstances of the offence, the culpability of the offender and the harm caused”.
Ms McEntee said: “This Bill will provide for sentencing courts to reflect the gravity of the most heinous offences. Judges will be able to recommend minimum terms of 25, 30 years or even longer, where that is warranted.”
The general scheme of the Bill will be referred to the Oireachtas Justice Committee for pre-legislative scrutiny.
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