Report on Mandatory Sentences - Law Reform Commission

TABLE OF CONTENTS
TABLE OF LEGISLATION
TABLE OF CASES
INTRODUCTION 1
CHAPTER 1
A Background: Request by the Attorney General on Mandatory Sentences 1
B
Scope of the Attorney General’s Request: “Sentences,” “Offences” and
General Principles of Sentencing 1
C Scope of the Attorney General’s Request: “Mandatory Sentences” 2
D Outline of the <strong>Report</strong> 3
CONCEPTUAL FRAMEWORK FOR CRIMINAL SANCTIONS AND
SENTENCING 5
A Introduction 5
B
Overview of the Aims of the Criminal Justice System and Principles of
Sentencing 5
C Aims of the Criminal Justice System and Sanctions 11
(1) Deterrence 11
(2) Punishment 12
(3) Reformation and Rehabilitation 12
(4) Reparation 13
(5) Incapacitation 13
(6) Discussion 14
D Principles of Sentencing and Justice 14
(1) Consistency 14
(2) Proportionality 16
(3) Discussion 32
E Towards a Principles-Based Structured Sentencing System 32
(1) The Problem of a Lack of Structure and Inconsistent Approaches 33
(2) Improved Structure and Greater Consistency in Sentencing 35
(3) Conclusions and the Commission’s General Approach 40
(4) Structured Sentencing in the Context of Mandatory and Presumptive
Regimes 41
CHAPTER 2 HISTORICAL EVOLUTION OF MANDATORY SENTENCES 43
A Introduction 43
B Historical Evolution of Entirely Mandatory Sentences 43
(1) United Kingdom 43
(2) Ireland 59
C Historical Evolution of Presumptive Minimum Sentences 70
xiii
xix
ix