Court neglect action could lead to life sentence

IF a court case is brought following the death of Evelyn Joel, then charges could be brought under the Non-Fatal Offences against the Person Act, with a maximum sentence of life imprisonment upon conviction.

There are two sections in the 1997 act under which a prosecution could proceed.

The first is section 13, which deals with endangerment. The law says: “A person shall be guilty of an offence who intentionally or recklessly engages in conduct which creates a substantial risk of death or serious harm to another.”

In the district court, the maximum penalty is €1,905, a year in jail, or both.

On indictment to the circuit court, the maximum is seven years of imprisonment or a fine, or both.

Section Four of the act deals with offences causing serious harm. The law says: “A person who intentionally or recklessly causes serious harm to another shall be guilty of an offence.”

The offence can only be tried in the circuit court, with the maximum penalty being life imprisonment, a fine or both.

If a case were brought under the act, prosecution would have to prove the accused was reckless or had intended what happened.

Section Eight of the Criminal Law Act 1997 could also apply to anyone who had sought to conceal an arrestable offence covered by the act. The offence is indictable only at the circuit court and the maximum sentence is three years’ imprisonment.