Report on Mandatory Sentences - Law Reform Commission

2.171 In certain respects, it is again clear that this proposal was influenced by the presumptive
sentencing regimes under the Misuse of Drugs Act 1977 and the Firearms Acts. Notably, the Bill
provided that a sentencing court would not be required to impose the prescribed minimum penalty where
it was satisfied that there were exceptional and specific circumstances relating to the offence or the
offender which would make the application of this penalty unjust in all the circumstances. 399 In
determining whether such circumstances existed, the court would be permitted to take into account any
matters which it considered appropriate, including: (a) whether the person pleaded guilty and, if so, the
stage at which he or she indicated the intention to plead guilty, and the circumstances in which the
indication was given, and (b) whether the person materially assisted in the investigation of the offence. 400
The proposed sentencing regime did differ from existing presumptive sentencing provisions in so far as it
would apply to offenders aged at least 16 years, as opposed to those aged 18 years or over. 401
2.172 During the Dáil debates, the Government opposed the Bill on three grounds. First, it asserted
that there was “already legislation in place which is more appropriate and comprehensive” 402 in its
provision of protection to emergency workers. Specifically, reference was made to the provisions of the
Non-Fatal Offences Against the Person Act 1997 which criminalise various forms of assault, threats to kill,
and attacks involving syringes. 403 The Government also observed that section 19 of the Criminal Justice
(Public Order) Act 1994, as amended, 404 affords express statutory protection to emergency workers in the
context of offences involving assault or threatened assault. 405
2.173 Second, the Government acknowledged that the Commission was, at this time, examining the
issue of mandatory sentencing and noted that it did not wish to pre-empt the recommendations contained
in this <strong>Report</strong>. 406 Third, the Government contended that there were a number of technical difficulties with
the proposed Bill. These related to: (i) the proposed application of the regime to offenders under the age
of 18 years; (ii) the definition of an “emergency worker” for the purposes of the Bill; and (iii) the absence
of prescribed maximum penalties under the Bill. 407 The Assaults on Emergency Workers Bill 2012 was
ultimately rejected by a margin of 91 votes to 42.
2.174 The Commission notes that in addition to the legislative proposals discussed above, there have,
in recent years, been calls to introduce mandatory minimum sentences for various other crimes, including
assaults against the elderly; 408 burglary; 409 car hijacking; 410 child sex abuse; 411 dangerous driving; 412
gangland murder; 413 possession of child pornography; 414 rape; 415 and violent assault. 416
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Section 3(2) of the Assaults on Emergency Workers Bill 2012.
Section 3(2)(a) to section 3(2)(b) of the Assaults on Emergency Workers Bill 2012.
Section 3(1) of the Assaults on Emergency Workers Bill 2012 provided that the regime would not apply in
respect of a “child,” while section 1 defined a “child” as a person under the age of 16 years.
Dáil Debates, Assaults on Emergency Workers Bill 2012, Second Stage, 5 October 2012, Vol 773, No. 11,
Minister of State at the Department of the Taoiseach, Paul Kehoe TD.
Ibid. (See generally: section 2 to section 6 of the Non-Fatal Offences against the Person Act 1997).
Section 185 of the Criminal Justice Act 2006.
Dáil Debates, Assaults on Emergency Workers Bill 2012, Second Stage, 5 October 2012, Vol 773, No. 11,
Minister of State at the Department of the Taoiseach, Paul Kehoe TD.
Ibid.
Ibid.
Healy “3 year jail for attacking elderly urged” Irish Times 19 January 2004.
Kelpie “Ahern considers prison terms for burglars” Irish Examiner 24 September 2009.
Power “Call for mandatory sentencing after latest ‘joyriding’ crash injures eight” Irish Times 10 May 2002.
Kane “Campaigners call for mandatory sentences for child sex abusers” Irish Examiner 17 July 2008.
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