Mandatory life for murder appropriate - McDowell

The Minister for Justice has said it is his "strong view" that a mandatory life sentence for murder is "both appropriate and …

The Minister for Justice has said it is his "strong view" that a mandatory life sentence for murder is "both appropriate and desirable".

And he warned that those using intentional violence as part of their lifestyle, which resulted in a murder conviction, could expect to go to prison for a "very, very long time indeed".

Noting recent comments by a number of judges suggesting changes to the sentencing policy Mr McDowell said it was "unusual" for judges to comment publicly on such matters.

Addressing members of the Progressive Democrats in Waterford today, the minister said he believed a comment "which is entirely free of any tone of rebuke or disapproval" was called for.

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He made specific reference to the Chief Justice, Mr Justice Ronan Keane's suggestion that the mandatory life sentence for murder be replaced by a system where judges would decide the appropriate sentence for murderers.

He also noted Mr Justice Paul Carney's proposal to end the distinction between murder and manslaughter and the comments of the President of the High Court, Mr Justice Joseph Finnegan, that some murderers did not merit a custodial sentences at all.

"The question arises as to whether the public wish to allow judges decide whether murder should now attract a suspended sentence or a sentence of eight years in one case and 16 or 24 years in another," he said.

He wondered, he said, if outcomes would be "more consistent or acceptable" if left to judges.

"That is not to say that provision should not be made for the trial judge to formally express his or her opinion on minimum lengths of imprisonment that a 'lifer' should serve," Mr McDowell said.

"Finding, as I did, that some participants in recent Limerick clan feuding had served less than seven years for a premeditated murder, I believe that the message must now go out to anyone who uses intentional violence as part of their lifestyle that if such intentional violence results in a murder conviction that they will stay in jail for a very, very long time indeed.

"Having said that my own personal conviction is that there are only very few people for whom the prospect of rehabilitation should not be held out as a  realistic, if remote, possibility.  It's very important that public  support for and confidence in the criminal justice system should be rebuilt and strengthened."

Mr McDowell said proposals for change, especially in regard to mandatory life sentences for murder, should be examined with great caution.

"For there is a great danger that the public will be tempted into supporting a set of "reforms" that diminishes respect for human life and, ultimately, for  the criminal justice system itself.  That would serve the interests of nobody, neither of judges, nor of politicians nor of our citizens."

The minister said he was open to "convincing arguments for change" and he strongly supported whatever was necessary to improve the public perception of consistency in sentencing.