Time to help make judges’ sentences more consistent

Sentence lengths can range from 14 days to five months in an assault case. Judges need guidelines, writes

Time to help make judges’ sentences more consistent

Sentence lengths can range from 14 days to five months in an assault case. Judges need guidelines, writes Donnchadh Ó Laoghaire.

Most people would agree on the principle that the sentence should fit the crime.

Far too often, we see victims, particularly of serious sexual assaults and crimes, dismayed and angry at sentences that are inappropriate, inconsistent, and, in some cases, frankly inadequate.

On a recent episode of Claire Byrne Live on RTÉ, there was a discussion with a number of very courageous women, who all felt they had been let down by the sentences handed down in their cases. Their stories underline why we need to do better for the victims of crime.

No one would envy the judiciary the job of devising sentences, whether for minor or serious crimes.

There are many considerations, legal, practical, and principled, for the judge to take in to account, when coming to a decision on what sentence is appropriate. The majority of judges balance these considerations well.

However, it is important that there is public confidence in, and understanding of, the approach taken to sentencing.

This affects all sorts of crimes.

The application of the Road Traffic Act can see wild variations from district court to district court.

According to research recently published in the Irish Probation Journal, sentence lengths can range from 14 days to five months in an assault case, while for a theft case sentences ranged between 30 days and nine months.

In particular there has been serious concern at sentences handed out in cases involving rape or sexual offences over recent years, indicating a failure to understand the gravity of the violence committed against the victim.

Indeed, recently a High Court judge described the lack of sentencing guidelines in rape cases as “somewhat bizarre”.

According to Ms Justice Úna Ní Raifeartaigh: “One judge’s substantial could be four years and another’s could be 14 years. It’s somewhat bizarre that an area that is so sensitive has so little in the way of guidance for a trial judge.”

Even though sentencing guidelines are common in many countries, and have been supported by organisations such as the Rape Crisis Network, the Irish Penal Reform Trust, and the Irish Council of Civil Liberties, there is currently no statutory provision for this in Ireland.

The current Judicial Council Bill does not make any provision for the drafting of guidelines.

I have drafted and submitted amendments to this legislation which would provide for this. A sentencing guidelines committee would be established, made up of a mixture of judicial figures, and lay members to represent the interest of the public.

They would then draft guidelines for particular offences, particular categories of offences or a particular category of offender, and, indeed, general guidelines, according to the judgment of the committee.

These would be based on, among other things, current sentences imposed by the courts, a need to promote consistency, impact of sentencing decisions on victims, human rights considerations, effectiveness, and the need for public confidence.

Guidelines would outline how a sentence should be calculated, and what weight should be given to any aggravating or mitigating factors.

The judge would be obliged to have regard to these guidelines, while safeguarding judicial independence — the final say would always lie with the judge.

Such a committee would also ensure comprehensive research in to sentencing, as the information available currently is piecemeal, and would monitor how often judges depart from guidelines.

I believe this greater structuring of sentencing, as well as greater education and training, will lead to fairer, more appropriate sentences, as well as better treatment of victims, particularly of sexual offences.

The issue of judicial reform is current at the moment, with much discussion regarding appointments, and lay majorities and so on.

Sinn Féin supports the concept of non-political appointments and a transparent process, however, we are conscious that judicial reform needs to be seen as a package.

Minister Charlie Flanagan
Minister Charlie Flanagan

We have impressed upon Justice Minister Charlie Flanagan the need to address sentencing guidelines, and that we want to see progress on this.

The public deserves to know that offenders will receive a sentence that fits the crime. They deserve transparency and consistency.

They deserve to know there is a basis for calculating a sentence, and for what reason a particular sentence was handed down.

I believe our proposed amendments to the Judicial Council Bill would represent a significant step towards a better, fairer system of sentencing.

Donnchadh Ó Laoghaire is Sinn Féin’s justice spokesman.

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