Government approves law that would allow judges recommend minimum jail terms for life sentences

Justice Minister Helen McEntee has confirmed that new legislation will be introduced to give sentencing judges a formal role in recommending what minimum should be served before parole.

New legislation that would permit judges to recommend minimum jail terms for individuals sentenced to life imprisonment has been approved by Government.

Justice Minister Helen McEntee has confirmed that new legislation will be introduced to give sentencing judges a formal role in recommending what minimum should be served before parole.

The legislation, known as the Life Sentences Bill 2024, will have its general scheme published on Wednesday. As part of the proposed laws, judges will issue their recommendation during sentencing hearings.

While their recommendation is non-binding, the parole board will be required to take a judge's opinion into account when making a decision on parole.

The new laws will not mean that a prisoner is automatically released after the minimum term recommended by the judge is served.

Existing laws also mean that, even if parole is granted, individuals can be returned to prison if they are in breach of any conditions attached.

Taoiseach Simon Harris said that the Government is committed to dealing with serious crime, saying that the new laws will be “an important step forward in that regard”.

“It will bring about a much-needed reform in our criminal justice system and reflects our commitment to rule of law and minimum terms for those who commit the most heinous crimes.

Taoiseach Simon Harris said that the Government is committed to dealing with serious crime.

“This legislation will provide for the long-awaited reform of life-sentencing practice in Ireland. It will allow judges when imposing sentence to fully reflect all of the circumstances of the offence, the culpability of the offender and the harm caused.”

Ms McEntee said that sentencing will now be able to “reflect the gravity of the most heinous offences”.

“Judges will be able to recommend minimum terms of 25, 30 years or even longer where that is warranted,” Ms McEntee said.

“I am determined that the judiciary has access to a range of sentencing options to ensure that the punishment people receive matches the crime they have committed. People who commit the most serious crimes should be dealt with in a way that reflects their culpability and the harm they have caused.”

With the publication of the general scheme, Ms McEntee is set to put the proposals to the Oireachtas Justice Committee for pre-legislative scrutiny. The Department of Justice will also now work with the Office of Parliamentary Counsel to further progress the drafting of the new legislation.

Ms McEntee had previously promised a reform of life sentences as part of the justice reform plan in 2022.

The new legislation follows on from previous sentencing reforms, with an increase to the maximum penalty for assault causing harm going from five to 10 years.

In recent years, the Government has also introduced new laws that make both stalking and non-fatal strangulation a standalone criminal offence.

Stalking currently has a maximum sentence of 10 years in prison. Non-fatal strangulation also carries a maximum sentence of 10 years, but can rise to life imprisonment if any such attack causes serious harm.