A strategic goal of IPRT is to promote reform of Irish sentencing practice and help ensure greater transparency around the principles and purposes of sentencing.
We aim to promote the principle that detention should only be used as a last resort while remaining committed to supporting the principles of proportionality and judicial independence in sentencing.
IPRT believes that imprisonment itself causes serious social harms, and therefore should only be used sparingly at the point of sentencing when non-custodial alternatives are not available or are deemed inappropriate.
IPRT does not support any type of sentencing that either removes or severely limits the discretion of the judge to decide what sentence should apply, given all the circumstances of the case.
One example of this approach is mandatory sentencing, where there is no discretion left to the judge. It means that for certain offences, the judge must impose a particular sentence (a particular term of imprisonment). There is no other option regarding sentencing available to the court.
Another example is called ‘presumptive minimum’ sentencing; this type of sentence means that a judge must apply a specific minimum penalty, unless exceptional circumstances exist that would make it unfair or unjust to do so. However, such circumstances can often only be considered for the first offence, as for second or other offences, the minimum sentence must then be imposed regardless. This type of sentencing is often used with serious offences, such as certain drug offences, firearms offences, and murder (murder carries a mandatory life sentence). IPRT opposes this type of sentencing on the basis that such sentences are ineffective in preventing or responding to crime.
In the Criminal Justice Policy: Review of Policy Options for Prison and Penal Reform 2022-2024, the Department of Justice outlined actions that will significantly impact sentencing in Ireland, such as proposals to incorporate the principle of ‘prison as a last resort’ in statute and to develop and expand the range of community sanctions as alternatives to imprisonment. IPRT will continue to advocate for the Government to meet these commitments.
6th January 2021
The Sentencing Academy (England and Wales) has published a report examining research findings on the effectiveness, particularly in terms of reducing re-offending, of three sentencing disposals.
2nd October 2020
This report by the Sentencing Advisory Council (Australia) considers the relationship between remand and sentencing, and identifies the proportion of remanded children who did not go on to receive a custodial sentence for their offending.
31st August 2020
The Law Reform Commission has published a 'Report on Suspended Sentences'. The report examines the legislation and the principles that underpin the operation of suspended sentences in Ireland and makes a number of proposals as to how the suspended sentence might be used more effectively.
15th June 2020
MEDIA ADVISORY: The Irish Prison Service Annual Report 2019 shows a significant increase of people committed to prison in Ireland in 2019, including a 21% increase in the number of committals for sentences of less than 12 months and a worrying increase in committals for the non-payment of court-ordered fines.
7th April 2020
The Council of Europe (CoE) has published 'SPACE I' Annual Penal Statistics on Prison Populations 2019. The report contains a detailed breakdown of penological trends across Europe. See IPRT's summary of key findings from both European and Irish perspectives.
19th September 2019
The Scottish Sentencing Council have published new research this month, exploring public attitudes and levels of knowledge of sentencing options in Scotland.
24th June 2019
While positive reforms have been made in penal policy in recent years, an over-reliance on prison sentences within the judicial system means our prisons are becoming increasingly overcrowded.
5th June 2019
IPRT welcomes the inclusion of ‘Structured Sentencing’ as a project in the LRC’s Fifth Programme of Law Reform.
17th May 2019
The Scottish Government has today officially announced plans to extend the current presumption against short custodial sentences.
8th May 2019
Crest evaluates the impact of the introduction of a presumption against the use of custodial sentences of three months or less in Scotland in 2011.
Respect for rights in the penal system with prison as a last resort.