Taoiseach & Minister McEntee announce Cabinet approval for Bill allowing judges recommend minimum prison terms for life sentences

Taoiseach Simon Harris and Minister for Justice Helen McEntee have today (Wednesday) announced Government approval for new legislative proposals to give judges the discretion to recommend minimum periods in prison for those sentenced to life imprisonment.

Minister McEntee has today published the General Scheme of the Life Sentences Bill 2024, which was approved by Government recently. It will now be referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. The Department of Justice will also now engage with the Office of Parliamentary Counsel to progress the drafting of the Bill.

Minister McEntee announced in Justice Plan 2022 that she would bring forward proposals to reform the law in relation to life sentences. The Minister published the Review of Policy Options for Prison and Penal Reform 2022 – 2024 with a commitment to introduce judicial discretion to set minimum tariffs for life sentences and for a proposal to be developed.

The Life Sentences Bill 2024 will give sentencing judges a formal role in informing decisions on the release of life-sentenced prisoners on parole. When sentencing, judges will make a recommendation on what minimum term should be served in prison before parole is granted, and the Parole Board will be required to take that recommendation into account in making their decisions.

The recommendation will address the minimum term to be served in custody. It will be non-binding, and the Parole Board will continue to be responsible for deciding when a person will be released. A prisoner will not be automatically released after the judicially recommended minimum has been served.

Taoiseach Simon Harris said:

“As a Government we are committed to strengthening the criminal law to deal with the most serious crimes and today’s announcement is 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.

“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.”

Minister McEntee said:

“This Bill will provide for sentencing courts 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.

“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."

Last year, Minister McEntee introduced legislation to increase the maximum penalty for assault causing harm from five years to ten years. This is one of the most commonly prosecuted violent offences, and arises particularly in relation to domestic violence.

The Minister also introduced new standalone offences of non-fatal strangulation and stalking. The maximum sentence for assaulting gardaí and frontline workers was also increased from 7 years to 12 years.

Notes:

Treason and murder are subject to mandatory life sentences under section 2 of the Criminal Justice Act 1990. Life imprisonment may also be imposed for a range of other serious offences, including rape, attempted murder and assault causing serious harm.
A life sentence in Ireland remains in force even after release is granted on parole and breach of parole conditions may result in the offender returning to prison.
The average time served in custody by persons serving life sentences has risen over time. It averaged 7.5 years from 1975 to 1984; 12 years from 1985 to 1994; 14 years from 1995 to 2004; 18 years from 2005 to 2014; and 19 years from 2015 to 2018. Since 2019, the average time served among persons released on parole was approximately 21.25 years. In 2023, 8 prisoners were released, having served an average of 24 years in custody.
The Parole Board was established on a statutory footing under the Parole Act 2019, representing an important step forward in recognising the rights of victims in the parole process and ensures independent decision-making.
The Life Sentences Bill 2024 provides for judges to set a recommended minimum custodial term when imposing a life sentence. The Parole Board will be required to take into consideration the court’s view in relation to the recommended minimum term that should be served in prison when deciding whether to grant parole. This recommended minimum custodial term will be non-binding and will not give rise to a presumption towards release on the expiry of the term.
The recommendation will not affect eligibility for parole under the Parole Act 2019. The Parole Board will continue to consider the person for parole after 12 years have been served. This reflects the importance of the Parole Board process in driving prisoner engagement in rehabilitation, even when the possibility of immediate release is remote.
Changes in this area were recommended in the Review of Policy Options for Prison and Penal Reform 2022-2024, which were was approved by Government in August 2022. The Law Reform Commission had previously recommended “where an offender is convicted of murder, and is therefore sentenced to life imprisonment, legislation should provide that the judge may recommend a minimum term to be served by the offender”.
Related Publications: Review of Policy Options for Prison and Penal Reform 2022-2024 (available online); Law Reform Commission Report on Mandatory Sentencing (available online).