Judges to impose minimum life sentences over 30 years 'if warranted' under proposed new laws
The judge’s recommendation will not affect a person’s eligibility for parole and the Parole Board will “continue to consider the person for parole after 12 years have been served”.
Judges will be able to impose minimum life sentences of more than 30 years “if warranted” under proposed new legislation to be published on Wednesday.
However, the judge’s recommendation will not affect a person’s eligibility for parole and the Parole Board will “continue to consider the person for parole after 12 years have been served”.
Taoiseach Simon Harris and Minister for Justice Helen McEntee will publish the Life Sentences Bill 2024, which was approved by Government recently on Wednesday.
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Crimes such as treason and murder carry mandatory life sentences. Other serious offences, including rape and attempted murder, can also result in life imprisonment.
The proposed plans 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. The Parole Board will be required to take that recommendation into account when making its decisions.
However, the recommendation will be “non-binding” and the Parole Board will continue to be responsible for deciding when a person will be released from prison. This means that a person will not be “automatically” released when their minimum sentence is served.
However, it also means the recommendation from the judge will not affect eligibility for parole under the Parole Act 2019. The Parole Board will continue to consider the person for parole after 12 years have been served.
Minister McEntee stated the proposed legislation will mean a judge can recommend minimum sentences of longer than 30 years if they believe it is required.
“This Bill will provide for sentencing courts to reflect the gravity of the most heinous offences,” she said.
“Judges will be able to recommend minimum terms of 25, 30 years or even longer where that is warranted.
“I am determined that the judiciary has access to a range of sentencing options to ensure that the punishment people receive matches the crime they have committed. People who commit the most serious crimes should be dealt with in a way that reflects their culpability and the harm they have caused."
The Taoiseach described the legislation as an “important step forward” in tackling “the most serious crimes”.
“It will bring about a much-needed reform in our criminal justice system and reflects our commitment to rule of law and minimum terms for those who commit the most heinous crimes,” Mr Harris said.
“This legislation will provide for the long-awaited reform of life-sentencing practice in Ireland. It will allow judges when imposing sentences to fully reflect all of the circumstances of the offence, the culpability of the offender and the harm caused.”
New figures have also shown how the length of time a person spends in prison when given life sentences has increased in recent years.
Between 1975 and 1985, it averaged seven-and-a-half-years. This increased to 12 years from 1985 to 1994, 14 years from 1995 to 2004, 18 years from 2005 to 2014 and 19 years from 2015 to 2018.
Since 2019, the average time served among persons released on parole was approximately 21.25 years. In 2023, 8 prisoners were released having served an average of 24 years in custody.
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