Minister McEntee receives Government approval for Criminal Justice (Amendment) Bill 2024
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From: Department of Justice
- Published on: 18 September 2024
- Last updated on: 12 April 2025
The Minister for Justice, Helen McEntee TD, today (Wednesday) brought the draft Criminal Justice (Amendment) Bill 2024 to Government. This legislation will address an issue recently identified by the High Court in which the Court ruled that a child who commits murder but turns 18 years old before sentencing should not be subject to the mandatory life sentence for murder.
Speaking after the Cabinet meeting, Minister McEntee said:
“This legislation will give effect to amendments required on foot of a recent High Court judgment which held that mandatory life sentences for murder cannot be imposed on ’aged out’ children; that is, children who have turned 18 years old before sentencing.
“The High Court held that it is unconstitutional for a child who committed an offence of murder and sentenced whilst still a child might receive a determinate sentence with a fixed length, whereas a child who had aged out must receive a life sentence for the very same offence.
“It is absolutely vital that there is clarity in our laws around what sentences can be imposed for those found guilty of serious crimes.
“I have received Government approval to publish the Bill and it will be progressed to enactment as a matter of urgency due to a number of upcoming trials dealing with this cohort.”
The Bill amends the Criminal Justice Act 1990 in order to dis-apply the mandatory life sentence for murder for those who commit murder when under 18 years of age but who have reached 18 years old prior to the time of the imposition of sentence. An amendment to dis-apply the minimum custodial period for the offence of capital murder to the same cohort are also included in the Bill.
Notes for editors:
Further to the High Court judgment of 2 September which held that the mandatory life sentence for murder cannot be imposed on ‘aged out’ children, legislative amendments have been drafted in response for Government approval. These address the issue in principle that a person who commits the offence of murder when still a child but is sentenced after their 18th birthday, cannot be treated unfairly compared to another child who commits the same offence but is sentenced while still under 18 years of age; as the child in this situation might not receive a life sentence.
A child or an ‘aged out’ child who commits murder may still receive a life sentence; however; it will no longer be a mandatory life sentence.
At its meeting of 10 September 2024, the Government agreed to proceed with drafting of the Criminal Justice (Amendment) Bill 2024 to address the issues identified by the High Court.
The purpose of the Criminal Justice (Amendment) Bill 2024 is to amend section 2 of the Criminal Justice Act 1990 to dis-apply the mandatory life sentence for murder for persons who commit murder when they were under 18 but subsequently age out.
It also amends section 4 of the Criminal Justice Act 1990 to dis-apply the mandatory minimum sentence for treason, certain murders (of a Garda or prison officer) and attempts to commit certain murders for those who committed the offence when they were under 18 years of age.