Explainer: Life sentences

27th February 2024

What is a Life Sentence?  

A small number of offences attract a mandatory life sentence in Irish law where a person is sent to prison. Murder has a mandatory sentence of life imprisonment. Many other offences are punishable with life sentences where the judge thinks the crime was sufficiently serious.  

A life sentence lasts for life. However, not all of this sentence is served in prison. People who have been sentenced to life imprisonment are often granted temporary or early release. Temporary or early release is called parole. 

There is a big difference between a long sentence and a life sentence. A life sentence leaves open the possibility that the person can be imprisoned for the rest of their life even if they are released after a number of years (for example, they could be recalled to custody if they breach the terms of their parole). Also, as it stands, a person serving a life sentence does not know how long they will remain in custody (other than that they will serve a minimum of 12 years in prison as per section 24(1)(a) of the Parole Act 2019). 

When can a Life Sentence be imposed? 

A life sentence must be imposed for certain offences. For example, in Ireland, it must be the sentence imposed for murder.  

There are other offences where the judge can choose to sentence the convicted person to life imprisonment but does not have to. However, this concerns specific offences where there are complex sentencing constraints imposed on the court by the legislation setting out the offence. For example, there are “presumptive minimum sentences” to be imposed for certain firearms or drugs or serious sexual abuse offences. 

What is the legal basis for a Life Sentence? 

The legal basis for a life sentence will depend on the offence committed.  

Section 2 of the Criminal Justice Act 1990 sets out that murder carries the mandatory sentence of life imprisonment. 

Statistics on how often Life Sentences are used in Ireland (where available) 

As of 30 November 2022, there were 367 people in Irish prisons serving sentences of life imprisonment. In the year 2022, 17 (16 men, 1 woman) were committed to prison under sentences of life imprisonment, while in 2021, this figure was 19 (1 woman, 18 men).

Ireland is among the few European countries with a mandatory life sentence for murder. (Other countries include England and Wales, Germany, Cyprus and the US). 

 As of 30 November 2022, 96.7 per cent of people serving a life sentence are serving a sentence for murder, with the remaining serving discretionary life sentences for sexual offences, and attempts/threats to murder (assaults, harassments, and related offences). 

Additional relevant information 

• Temporary or early release for those serving a life sentence is called parole.  
• The Parole Board is an independent body, established in 2021 by the Parole Act 2019. It reviews parole applications from people sentenced to life imprisonment and makes decisions to grant or refuse parole. 
• Victims have the right to make a submission to the Parole Board, and both victims and parole applicants have the right to legal representation through a legal aid scheme. 
• There is a minimum term of twelve years before a person sentenced to life imprisonment is eligible to apply for parole. (Parole Act 2019, section 24(1)(a))
• A person is released on a parole order on condition that they do not commit another offence and any other conditions set by the Parole Board. (Parole Act 2019, section 28(1)(d))
• For someone sentenced to life imprisonment, a parole order will continue indefinitely.