Report on Mandatory Sentences - Law Reform Commission

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CHAPTER 6
SUMMARY OF RECOMMENDATIONS
6.01 The recommendations made by the Commission in this <strong>Report</strong> are as follows:
6.02 The Commission supports the recommendations made in 2000, and reiterated in 2011, that a
Judicial Council be empowered to develop and publish suitable guidance or guidelines on sentencing,
which would reflect the general aims of criminal sanctions and the principles of sentencing discussed in
this <strong>Report</strong>. The Commission also recommends that such guidance or guidelines should have regard to:
(i) the sentencing guidance and guidelines available from decisions of the Supreme Court and the Court
of Criminal Appeal (including those discussed in this <strong>Report</strong>); (ii) the aggravating and mitigating factors,
and individual offender characteristics, identified in the Commission’s 1996 <strong>Report</strong> on Sentencing and
developed by the courts since 1996; and (iii) information in relevant databases including, in particular, the
Irish Sentencing Information System (ISIS). [paragraph 1.128]
6.03 The Commission, by a majority, recommends that the mandatory life sentence for murder be
retained. [paragraph 3.76]
6.04 The Commission recommends that where an offender is convicted of murder, and is therefore
sentenced to life imprisonment, legislation should provide that the judge may recommend a minimum
term to be served by the offender. [paragraph 3.84]
6.05 The Commission recommends that the Parole Board be established on an independent
statutory basis, and welcomes the Government’s proposal to introduce legislation bringing about this
effect. [paragraph 3.86]
6.06 The Commission recommends that the following be repealed: (i) the presumptive minimum
sentencing regime applicable to drugs offences under section 27(3C) of the Misuse of Drugs Act 1977,
and (ii) the presumptive minimum sentencing regime applicable to firearms offences under section 15 of
the Firearms Act 1925; section 26, section 27, section 27A and section 27B of the Firearms Act 1964; and
section 12A of the Firearms and Offensive Weapons Act 1990. The Commission also recommends that
the use of presumptive minimum sentencing regimes should not be extended to other offences.
[paragraph 4.238]
6.07 The Commission also recommends that a more structured, guidance-based sentencing system
(as envisaged in the recommendations made in Chapter 1) would provide an appropriate alternative to
these provisions. In the context of drug-related crime, the Commission also considers that law
enforcement efforts may be beneficially supplemented by other initiatives, such as those highlighted in
the research conducted by the Health Research Board and the Misuse of Drugs work sector of the
British-Irish Council. [paragraph 4.239]
6.08 The Commission recommends that the following be repealed: (i) the presumptive sentencing
regime applicable to serious repeat offences under section 25 of the Criminal Justice Act 2007; (ii) the
mandatory minimum sentencing regime applicable to repeat drug offences under section 27(3F) of the
Misuse of Drugs Act 1977; and (iii) the mandatory minimum sentencing regime applicable to repeat
firearms offences under section 15(8) of the Firearms Act 1925; section 26(8), section 27(8), section
27A(8), and section 27B(8) of the Firearms Act 1964; and section 12A(13) of the Firearms and Offensive
Weapons Act 1990. The Commission also recommends that the use of presumptive and mandatory
minimum sentencing regimes should not be extended to other forms of repeat offending. [paragraph
5.133]
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