Minister McEntee and Minister Browne welcome the signing into law of the Criminal Justice (Amendment) Act 2024

The Minister for Justice, Helen McEntee TD, and Minister of State for Law Reform, James Browne TD, have today (Friday) welcomed the signing into law of the Criminal Justice (Amendment) Act 2024 by President Higgins, following completion of all stages in both Houses of the Oireachtas last week.

This legislation addresses an issue 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 today, Minister McEntee said:

“I welcome the signing into law of this important legislation which gives effect to amendments required following a recent High Court judgment which held that mandatory life sentences for murder cannot be imposed on ’aged out’ children.

“An ‘aged out’ child who is convicted of murder can still receive a life sentence, however, it will no longer be mandatory. The judge will have discretion as to whether or not to impose a life sentence.

“I want to thank my Government colleagues and members of both Houses for their support in ensuring that this legislation could be progressed quickly to address the infirmities identified by the High Court.

“It is absolutely vital that there is clarity in our laws around what sentences can be imposed for those found guilty of serious crimes.”

The Act 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 is also included in the Act.

Minister of State at the Department of Justice James Browne TD, said:

“We need to ensure equality between children and those who have aged out when it comes to sentencing for a conviction of murder. I am grateful for the support of both Houses of the Oireachtas in progressing this urgent legislation.

“This Act complements proposals we are bringing forward to amend the Children Act 2001. Both the provisions of this Act and the proposed amendments to the Children Act have been developed to reflect the accepted standard that children are less morally culpable than adults and therefore, need to be treated differently by the criminal justice system.”

ENDS

Notes for editors:

Further to a 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 and progressed to enactment in response. 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, and approved its publication on 18 September 2024. It completed all stages in the Oireachtas on 3 October.

The purpose of the Criminal Justice (Amendment) Act 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.