Submission by the Irish Penal Reform Trust on the General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025
23rd June 2025
The IPRT welcomes the opportunity to make a submission on the General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025. This submission focuses on aspects of the Bill that relate to IPRT’s work in the criminal justice system, particularly sentencing reform and the proposed introduction of incapacitant spray. At the same time, IPRT welcomes the amendment to Section 99 of the Criminal Justice Act 2006, which allows Governors to take recognisance, improving staffing efficiency and reducing unnecessary escorted court trips amid overstretched prison services. IPRT also emphasises that remote hearings must protect the accused’s right to a fair trial, with non-prison-like facilities and fit-for-purpose equipment to ensure full participation.
Prison Officer Safety and Incapacitant Spray (Head 20)
Head 20 proposes amending the Firearms Act 1925 to allow prison officers to use incapacitant sprays, where specified by the Minister under the Prison Rules. IPRT strongly opposes this proposal. While staff have a right to a safe working environment, incapacitant sprays are designed to cause severe pain and pose significant human rights risks, potentially amounting to cruel, inhuman, or degrading treatment. International guidance restricts their use, particularly in confined spaces and against vulnerable populations.
Evidence from the UK shows sprays can lead to over-reliance on chemical interventions rather than verbal de-escalation and may not reduce overall violence. In Ireland, assaults on staff have decreased, while prisoner-on-prisoner assaults have risen due to overcrowding. IPRT emphasises that arming officers will not address underlying causes of violence and may heighten tension between staff and prisoners. The priority should be reducing overcrowding, ensuring single-cell accommodation, and investing in violence-reduction programmes, peer mediation, and de-escalation training.
Community Service Orders (Head 25)
IPRT welcomes the proposed reforms to community service orders (CSOs) and the expansion of their application. CSOs provide a non-custodial alternative to imprisonment, helping to reduce short-term sentences and alleviate overcrowding. Evidence shows recidivism is lower for those serving sentences in the community compared with prison, and CSOs allow individuals to maintain family ties, employment, and community engagement.
However, IPRT stresses that CSOs must be practical and proportionate. Courts should provide reasoning when refusing a CSO, and this data should be collected to inform future legislative proposals. CSO hours should be proportional to the custodial sentence to avoid excessive requirements for minor offences. Community service should complement, rather than replace, other non-custodial sanctions, including fines, probation orders, and suspended sentences.
Conclusion
IPRT acknowledges the Bill’s potential to expand community-based sanctions and reduce short-term imprisonment. However, we remain deeply concerned about Head 20. The Bill should prioritise proportionate, evidence-based, and humane measures that protect staff, uphold human rights, and address the root causes of violence and overcrowding in Irish prisons.
