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Bill gives judges new role in life sentences

The Government has announced plans to give judges the discretion to recommend minimum periods in prison for people sentenced to life imprisonment.

It has approved a draft bill that will give sentencing judges a formal role in informing decisions on the release of life-sentenced prisoners on parole.

The Government will now refer the general scheme of the Life Sentences Bill 2024 to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny.

Parole Board

Under the bill, sentencing judges will make a recommendation on what minimum term should be served in prison before parole is granted, and the Parole Board will be required to take that recommendation into account in making their decisions.

The recommendation will address the minimum term to be served in custody.

The Department of Justice says that the recommendation will be non-binding, and that the Parole Board will continue to be responsible for deciding when a person will be released.

A prisoner will not be automatically released after the judicially recommended minimum has been served.

‘Gravity’ of offences

The Taoiseach Simon Harris said that the legislation would provide for the “long-awaited” reform of life-sentencing practice in Ireland.

“It will allow judges when imposing sentence to fully reflect all of the circumstances of the offence, the culpability of the offender, and the harm caused,” he stated.

The Minister for Justice Helen McEntee said that the bill would provide for sentencing courts to reflect “the gravity of the most heinous offences”.

“Judges will be able to recommend minimum terms of 25, 30 years or even longer where that is warranted,” she added.

Serious offences

Under the Criminal Justice Act 1990, treason and murder are subject to mandatory life sentences.

Life imprisonment may also be imposed for a range of other serious offences – including rape, attempted murder and assault causing serious harm.

A life sentence remains in force even after release is granted on parole, and breach of parole conditions may result in the offender returning to prison.