Report on Mandatory Sentences - Law Reform Commission

A mechanism based on measures being introduced by the Lord Chief Justice to enhance
procedures for monitoring and developing sentencing practice.
The results of the consultation process seemed to suggest that amongst those who responded the first
option was the preferred option, the second option was the second most popular and the third option was
the least favoured option. 240
1.121 The issue of structured sentencing (and, more particularly, the issue of mandatory sentencing)
has arisen on a number of occasions in the Northern Ireland Assembly. In November 2011, a private
member’s motion, which called for the introduction of mandatory minimum prison sentences for those
convicted of violent crimes against older or vulnerable people, was introduced. 241 In response, the
Northern Ireland Minister for Justice expressed the view that sentencing in individual cases was a matter
for judicial discretion guided by sentencing guidelines. 242 Those guidelines indicated that the courts
should include issues such as the vulnerability of the victim as a factor which aggravated the sentence to
be imposed. By contrast, mandatory minimum sentences left no room for discretion and thus no
allowance for the exceptional case. The Minister also referred to the work being undertaken by the
Northern Ireland Department of Justice and the Lord Chief Justice regarding the development of a
sentencing guidelines mechanism.
1.122 In June 2012, following the sentencing of those who had been convicted of the murder of Police
Constable Stephen Carroll, a private member’s motion, which called for the introduction of a 30-year
minimum sentence for the murder of PSNI officers, was introduced. 243 In addition, a proposed
amendment to the motion called for the establishment of an independent sentencing guidelines council
for Northern Ireland. 244 In response, the Northern Ireland Minister for Justice indicated that once the
Court of Appeal had time to consider an appeal against the sentence imposed on one of the accused, the
Department of Justice would launch a review of the legislation governing the determination of tariffs
where the court has passed a life sentence. 245 Regarding the establishment of an independent
sentencing guidelines council, the Minister responded that such a model would be too costly to establish
and too costly to maintain in the current economic climate. 246 He indicated that, instead, the Lord Chief
Justice’s initiative would deliver everything a formal sentencing guidelines council could without the
unnecessary expenditure. 247 In addition, he noted that the Lord Chief Justice, in the interest of
community engagement, had agreed to include two lay members in the Sentencing Group. 248 He also
stated that he would be developing a community engagement strategy to ensure a two-way flow of
information on sentencing issues. 249 He concluded by indicating that these mechanisms would be
reviewed within two years to assess their effectiveness and that if a case existed for a formal sentencing
guidance council, he would be prepared to reconsider it at that point. 250
240
241
242
243
244
245
246
247
248
249
250
Consultation on a Sentencing Guidelines Mechanism - Summary of Responses (Northern Ireland Department
of Justice, March 2011).
Hansard, Northern Ireland Assembly, 29 November 2011, Volume 69, No 4 at 215ff.
Ibid at 228.
Hansard, Northern Ireland Assembly, 11 June 2012, Volume 75, No 5 at 299ff.
Ibid at 301.
Ibid at 310.
Hansard, Northern Ireland Assembly, 11 June 2012, Volume 75, No 5 at 311.
Ibid.
Ibid.
Ibid.
Ibid at 312.
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