MANDATORY life sentences for murder and treason and minimum sentences for indictable offences should be eliminated, according to the Law Reform Commission.
Abolition of minimum sentences for indictable offences could include the 40 year sentence for murder of a garda. However, capital murder is to be addressed in a forthcoming consultation paper on homicide, the commission says.
In a report on sentencing policy, published today, the commission reverses its original recommendation that sentencing policy be drawn up by politicians and recommends that the legislature undertake a comprehensive review of sentencing. Imprisonment should be a "sanction of last resort", it says.
The report lists a detailed set of non statutory guidelines on severity of sentences. Though not binding, a judge's failure to follow the guidelines could give grounds for appeal.
It rules out severity of sentences being equated with deterrence of crime and says that the Supreme Court should clarify whether a guilty plea should always result in a reduced sentence.
The report warns against introducing mandatory or minimum sentences for summary offences and raises questions relating to mandatory endorsement of a licence for careless driving and automatic disqualification for drink driving offences.
It recommends prohibition on suspension of sentences which are longer than three years, statutory provision for suspended sentences and the establishment of a data register on sentencing.
The report says that particular attention should be paid to provision of express guidelines on commutation and remission of sentences, and temporary release, when the legislature undertakes a detailed review of law and procedure. This review should aim to improve co ordination of penal and sentencing policy.
The report has drawn up a list of 12 aggravating and 11 mitigating factors which it suggests should influence sentencing, and it also narrows down the areas in which previous offences should be taken into account.
Established as an independent body in 1975, the commission is presided over by Mr Anthony J. Hederman, a former Supreme Court judge.
. Abolition of mandatory life sentence for murder and treason.
. Abolition of minimum sentences for indictable offences.
. The legislature, rather than politicians, to review sentencing policy.
. Non binding guidelines for sentencing.
. Deterrence not to determine severity of sentencing.
. Imprisonment a "sanction of last resort".
. More resources for Probation Service.
. More State support for research into criminology.
