Irish Penal Reform Trust

Sentencing

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.  

Law Reform Commission publishes Fifth Programme of Law Reform

5th June 2019

IPRT welcomes the inclusion of ‘Structured Sentencing’ as a project in the LRC’s Fifth Programme of Law Reform.

Scotland: Extension of the presumption against short custodial sentences

17th May 2019

The Scottish Government has today officially announced plans to extend the current presumption against short custodial sentences.

UK: A study of the impact of a presumption against custodial sentences of three months or less in Scotland

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.

US: ‘Can we downsize our prisons and jails without compromising public safety?’ Findings from California’s Prop 47

1st May 2019

After a referendum was passed in 2014 in California to recategorise some nonviolent offences as misdemeanours, rather than felonies, what have the effects been on the crime rate?

UK: Draft sentencing guidelines for offenders with mental health conditions

12th April 2019

The Sentencing Council has launched a consultation on its proposed guideline on sentencing offenders with mental health conditions or disorders in England and Wales.

UK: Sentencing Young Adults

20th September 2018

The Howard League for Penal Reform has published research on the need for the development of formal sentencing principles for young adults.

The Irish Times: Sharp increase in Irish prison population

6th August 2018

The Irish Times has published an article and an editorial detailing the sharp increase in Ireland’s prison population in 2018, following years of decline and stability.

IPRT Submission to the Law Reform Commission on Suspended Sentences

6th April 2018

IPRT answers questions relating to suspended sentences posed by the Law Reform Commission in their call for submissions.

IPRT Submissions to the Law Reform Commission

9th February 2018

IPRT made two submissions to the Law Reform Commission for their Fifth Programme of Law Reform.

The Campbell Collaboration - Policy Brief 4: The Effects of Sentencing Policy on Re-Offending

14th November 2017

The Campbell Collaboration released a fourth Policy Brief, 'The Effects of Sentencing Policy on Re-offending', which summarises information provided in 12 systematic reviews that focused on different aspects of sentencing policy, such as, benefit-cost analyses of sentencing, formal processing of juveniles, and effects on re-offending of custodial vs non-custodial sanctions.

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Respect for rights in the penal system with prison as a last resort.

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