Government approves alternatives to prison for some minor sentences

The Government plans to introduce alternatives to prison for the most minor sentences while also significantly increasing the minimum tariff for the most grievous crimes, including murder.

The Cabinet approved a review of penal and prison reform brought by Minister for Justice Helen McEntee at its meeting on Wednesday.

The reform sets out 21 actions that are intended to modernise criminal sanctions and bring them into line with current thinking and practices elsewhere.

Among the main recommendation is reducing the use of short custodial sentences – specially those of under three months – by looking at a greater range of non-custodial options, including increased use of community sentence.

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At the other end of the scale, the review also recommends introducing new minimum tariffs for convicted prisoners who receive life sentences.

At present, under the Parole Act 2019, a prisoner sentenced to life is eligible to go before the Parole Board having served 12 years. A review of life sentences may consider providing the judiciary, at the time of sentencing, having considered any aggravating and mitigating factors, with the discretion to set a minimum tariff of 20, 25 or even 30 years before they could be considered for parole.

The only offences that currently carry a minimum tariff are capital murder and treason, which are set out a minimum of 40 years’ imprisonment. The increase of tariffs would be focused on offences at the most serious end of the spectrum, including (non capital) murder, rape, assault causing harm and aggravated burglary.

Ms McEntee said the maximum penalty for some crimes was also likely to be increased when the review was completed.

“Maybe just pointed to some of the other changes that are making, doubling the maximum penalty for assault causing harm from five to 10 years. It is the most common assault when it comes to domestic violence and sexual assault cases,” she said.

Ms McEntee said that sentences between three months and 12 months in duration would be subject to examination, as to whether alternative or diversionary forms of sanction could be used.

“For more serious crimes, the vast majority of people will receive a penalty of 12 months. For people who do not pose a serious risk, we’re looking at those type of cases and alternative options. So three months is not the only focus it is [for sentences] up to 12 months as well,” she said.

“It is essential that the punishment that people receive matches the crime that they have committed. People who commit serious crimes which cause considerable harm and distress to victims, and to society as a whole, should be dealt with in a way that reflects the impact on victims and their family,” she added.

“We better understand how diverting people away from crime at the earliest possible stage has immense value in reducing crime, reducing the number of victims of crime and reducing the subsequent damage to victims and the families of offenders.”