Criticisms have arisen in light of the case involving active army member, Cathal Crotty, who received a noncustodial sentence for assaulting Natasha O’Brien. The delay in issuing novel sentencing principles to the judicial community prompted this backlash. The anticipated new procedures from the Judicial Council had still not been rolled out nearly five years after the council’s inception, with the government seemingly unsure of their release date, as commented on by Social Democrat TD Róisín Shortall during The Week in Politics on RTÉ.
Niall Collins, Minister of State for Higher and Further Education, made it clear that the government has no influence over this due to the division of powers, but predicted that the protocols should be rolled out in the near future.
Shortall expressed that the ruling in Crotty’s case has provoked outrage and bewilderment among many, suggesting that it indicates a tolerance of this type of behaviour to the younger demographic. She voiced her concerns regarding the absence of the sentencing recommendations, five years post-establishment of the Judicial Council. She questioned the government’s urgency in trying to understand the situation at this stage.
The Judicial Council, established in December 2019, consists of all judiciary members, with a board of 11 members inclusive of the Chief Justice and the heads of District Court, Circuit Court, High Court and Appeal Court. The council, which provides educational and additional assistance to judges, formed six committees in 2020, including a committee on sentencing guidelines and information.
Reflecting on the unsettling case of Lavinia Kerwick thirty years ago, where the offender was handed a noncustodial sentence for rape, Shortall questioned what had been learned since then and why there was such a long wait concerning the judiciary. Five years after the establishment of the Judicial Council, tasked with judges’ responsibility, judicial education and sentencing guidelines, no visible progress has been made.
In response to the observations, Mr Collins stated: “I, too, concur with the issues being pointed out regarding the speed of the ongoing work there. However, it’s important to recognise a distinct division of powers exists between the executive and judiciary branches. This has remained a matter of focus for a significant period, but I anticipate the forthcoming introduction of fresh sentencing recommendations in the near future.”