Sentencing at criminal trials in Ireland

Introduction

Sentencing involves a judge deciding what the criminal justice system should do with a person found guilty of an offence. If a court in Ireland has found you guilty or you have pleaded guilty, the judge will decide the sentence that is to be imposed on you.

For some offences, there are minimum and maximum sentences that the judge must impose. For example, for some road traffic offences, the judge is obliged to disqualify offenders from driving for a minimum of two years.
There are mandatory sentences for some offences. For example, if a court finds you guilty of murder, the judge is obliged to impose a sentence of imprisonment for life.

Under the Probation of Offenders Act 1907 (pdf), a judge in the District Court may decide that the facts alleged against you have been proven but may decide not to convict you. This is a form of second chance which the judge has the discretion to apply. The charge may be dismissed or you may be conditionally discharged.

Sentencing of children

The information given here relates to offences committed by adults. Children (that is, people aged under 18) can be charged and penalised in the way described here but there are other considerations which must be taken into account. The prosecution of children is governed by the Children Act 2001.

In practice, children under the age of 12 are almost never prosecuted. It is policy to avoid the prosecution of children under the age of 18 unless the conditions for the Garda Diversion Programme have not been met or the offence is a particularly serious one. The Childrens Act 2001 provides for a range of alternative penalties for children who have offended.

The Criminal Justice Act 2006 (pdf) sets the age in relation to criminal responsibility. Children under 12 may not be charged with most criminal offences but children age 10 or 11 can be charged with the offences of murder, manslaughter, rape or aggravated sexual assault. You can read more about criminal responsibility in the document Children and the criminal justice system.

Sentencing

Under the Irish legal system it is always a judge (a panel of judges in the case of the Special Criminal Court or the Court of Criminal Appeal) who imposes the sentence. In jury trials in the Circuit Criminal Court and the Central Criminal Court, the jury’s role is to decide whether you are guilty or not guilty. The jury has no role in sentencing you. This decision is left up to the judge after listening to your legal representative's (that is, your solicitor’s or barrister's) submission.

How does a judge decide on a sentence?

When considering what sentence to impose on you, the judge follows a two-step procedure:

1. Decide what the sentence should be in light of the seriousness of the offence.
2. Reduce that sentence in the light of any mitigating or excusing factors given on your behalf.

There are a number of important factors that a judge must have regard to, when sentencing you. It is a matter for your solicitor or barrister, on your behalf, to urge the judge to consider these factors and what weight or importance should be given to each.

When deciding which sentence to impose on you, the judge considers:

• Whether or not you pleaded guilty to the offence
• The facts of the offence - the circumstances in which the offence occurred
• Whether there were any aggravating factors in relation to the offence - such as particularly violent or cruel behaviour
• Your previous criminal record
• Your character
• Your age
• Your family circumstances
• Whether you are employed
• Whether you are sorry for what you have done
• Whether certain types of treatment may help or reform you
• The impact of the offence on the victim
• Any other relevant information about you (for example, if you are in bad health)

More information on the factors considered is available in More about this topic.

Types of sentences

There are a large range of sentences available to judges that can be imposed on someone found guilty of an offence. These can be classified as follows:

• Imprisonment
• Suspended sentences
• Community service orders
• Fines
• Curfew, exclusion and restriction on movement orders
• Probation
• Binding over
• The Poor Box

There are a number of secondary options available to judges, depending on the offence:

• Disqualification
• Forfeiture and confiscation
• Compensation
• Endorsement and penalty points for road traffic offences

There are additional options for sex and drug trafficking offenders. You can read more about sentencing in the document on types of sentences.