Judges to be given new powers to set minimum sentences for 'heinous' crimes

Helen McEntee set to announce the measure today, along with new stalking laws, and reforms about how judges are appointed

Justice Minister Helen McEntee is today launching her justice plan for 2022 including measures to reduce high legal costs and new laws around stalking and non-fatal strangulation. Picture: iStock

Trial judges are to be given additional powers to ensure those convicted of “heinous” murders will serve a minimum number of years before they are released.

While murder convictions carry a mandatory life sentence, in practice the average life sentence means 20 year in prison before being released on parole.

The Irish Examiner understands Justice Minister Helen McEntee wants to bring forward new laws to allow judges set a minimum term to be served.

Under the reforms being considered, the minimum term would be determined by the trial judge, who would consider aggravating and mitigating factors based on the facts and evidence in the particular case.

In practice, it could mean, for example, that a judge could decide to impose a life sentence and stipulate that a minimum of 20, 25, or 30 years must be served.

On January 31, 2022, there were 359 people serving life sentences in Ireland. Of these, 343 were serving a mandatory life sentence for murder, while the remaining 16 were serving a life sentence for an offence other than murder.

There are currently 16 people who have served more than 30 years of a life sentence, with a number of those having been in custody for over 40 years.

Ms McEntee believes this reform will give the public more confidence that, in the most heinous murder cases, judges will have the discretion to set a minimum sentence.

At present, a life sentence in Ireland remains applicable even after release, and a breach of parole conditions results in the offender returning to prison.

Ms McEntee’s proposal follows a recommendation in the Law Reform Commission’s 2013 report on mandatory sentences that a trial judge should have discretion to set a tariff (the minimum period of imprisonment to be served) where a mandatory life sentence applies in murder cases.

It is understood the new legislation will go to Cabinet later this year.

Ms McEntee is to consult further with the Attorney General and her Government colleagues in bringing forward this reform.

The proposal is one of the measures contained in her justice plan for 2022, to be announced today. 

Among the other measures to be addressed are tackling the cost of insurance; seeking to reduce high legal costs; introducing laws around stalking and non-fatal strangulation, and new reforms about how judges are appointed.