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Bid to clarify law on ‘aged-out’ children

The Minister for Justice has brought a draft bill to Government on how those convicted of murder who turn 18 before sentencing should be treated by the courts.

The draft legislation is aimed at addressing an issue identified by the High Court recently, in which the court ruled that a child who committed murder, but turned 18 before sentencing, should not be subject to the mandatory life sentence for murder.

The Criminal Justice (Amendment) Bill 2024 would amend the Criminal Justice Act 1990 to dis-apply the mandatory life sentence for murder for such ‘aged out’ children.

‘Matter of urgency’

The Government has approved the publication of the bill, and Minister Helen McEntee says that it will be enacted “as a matter of urgency”, due to the number of upcoming trials involving people in this cohort.

“The High Court held that it is unconstitutional for a child who committed an offence of murder and sentenced whilst still a child might receive a determinate sentence with a fixed length, whereas a child who had aged out must receive a life sentence for the very same offence,” she states.

The minister adds that clarity in law about what sentences can be imposed for those found guilty of serious crimes is “vital”.

Under the proposals, a child or an ‘aged out’ child who commits murder may still receive a life sentence, but it will no longer be a mandatory life sentence.