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.
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?
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.
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.
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.
6th April 2018
IPRT answers questions relating to suspended sentences posed by the Law Reform Commission in their call for submissions.
9th February 2018
IPRT made two submissions to the Law Reform Commission for their Fifth Programme of Law Reform.
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.
11th July 2017
IPRT has a number of concerns about proposals included in the Criminal Justice (Commission of Sexual Offences) (Amendment) Bill 2017 [PMB], which may have unintended negative consequences.
7th March 2017
The Sentencing Council (England & Wales) has published two new sentencing guidelines, to come into effect from 1st June 2017. One deals with how courts should make a reduction in sentence for offenders who plead guilty, and the other deals with the approach they should take when sentencing children and young people.
22nd February 2017
A Position Paper setting out IPRT's position on mandatory and presumptive sentencing.
Respect for rights in the penal system with prison as a last resort.