Under proposed new legislation set to be announced, judges may recommend minimum jail terms of a quarter or third of a century and beyond for the most serious offences. The measures suggest that judges should have an official role in proposing minimum sentences prior to parole consideration in situations where life sentences are a possibility. The standard period served under a life sentence in Ireland averages around 21 years.
Yet, the judge’s suggestion would not be mandatory, with the Parole Board maintaining the ultimate authority to set a prisoner’s release date. The modifications in relation to life sentences were a part of the commitments made under Justice Plan 2022.
Minister for Justice, Helen McEntee, previously considered reforms that would enable trial judges to scheme a minimum timeframe that those convicted in the most serious murder scenarios had to serve. A later evaluation of policy options for prison and penal reforms between 2022-2024 included a recommendation to introduce a judicial discretion for setting minimum tariffs for life sentences.
The suggestions being released today as part of the broad scheme or blueprint of 2024’s Life Sentences Bill, don’t extend to this extent though. Stated by the Department of Justice, the Bill will provide judges who pass the sentence a formal role in informing decisions regarding when life-sentenced prisoners should be granted parole.
The judges, while passing sentence, will advise on the minimum duration to be served before parole is considered. That advice will be taken into account by the Parole Board in their decision-making process. As the department stated, these recommendations will deal with the minimum time a person should spend in custody. These recommendations will be non-binding, with the Parole Board maintaining the authority to decide the release dates.
The department issued a statement noting that prisoners won’t necessarily be set free once they’ve completed the court-suggested requisite time. Mandatory life sentences are customary for felonies such as treason and homicide. For other severe crimes like rape, attempted murder, and serious injuries through assault, life sentences may also be handed down.
A spokesperson clarified the rationale behind not allowing judges to determine minimum sentences, stating, initially, it was proposed that mandatory life sentences would only accompany a minimum term in a select few cases of abhorrent crimes. As the policy was developed and legal guidance reviewed, the final proposal included an expansion to encompass all kinds of life sentences, discretionary and non-discretionary alike.
The developing policy reportedly took into account the function of the Parole Board. While the trial judge’s views will be fully considered by the board, the latter’s supervisory role over those serving life sentences won’t be restricted. The minimal term is believed to substantially influence parole decisions. Nonetheless, parole verdicts are delivered several years down the line and must consider subsequent events.
Discussing the anticipated legislation, Taoiseach Simon Harris stated it would permit judges to give sentences that duly capture the offence’s nature, the offender’s culpability and the harm inflicted. Ms McEntee added that the forthcoming law would allow courts, while sentencing, to precisely echo the severity of the most monstrous crimes, with judges being able to suggest a bare minimum of 25 to 30 years or more if circumstances demand.
The fundamental structure of the bill now awaits the Oireachtas Justice Committee’s pre-legislative examination.