A Bill is to rectify what has been termed ‘the constitutional infirmities in legislation’ identified by a recent High Court decision’ is set to be debated before the Dáil and the Oireachtas Justice Committee next week.
The Criminal Justice Amendment Bill 2024 is a response to a specific High Court finding that held that it is unconstitutional for a child who committed an offence of murder, and who is sentenced after their 18th birthday to be subject to the mandatory life sentence for murder, as the mandatory life sentence does not apply to children who are sentenced before they turn 18 years.
An Oireachtas briefing note on the Bill has summarised the facts of the court case that sparked the review:
“The facts of the judgment are summarised as follows: In each instance, the applicant has been charged with an offence of murder arising out of events alleged to have occurred in Blanchardstown, County Dublin on 24 December 2023. Each applicant had been under the age of eighteen years as of the date upon which the alleged offence is said to have been committed. Each applicant has since turned eighteen years of age and is thus no longer a “child” for the purpose of the Children Act 2001.”
The Bill being debated next week is intended to remedy this by amending the Criminal Justice Act 1990.
The core provisions of the Bill are to dis-apply the mandatory life sentence for murder for those who commit the offence when they are under 18 years of age but attain the age of 18 years before sentencing, and to dis-apply the mandatory minimum sentence for treason, and certain murders (such as a murder of a member of the Garda Síochána or a prison officer) as well as attempts to commit certain murders for those who committed the offence when they were under 18 years of age.
Speaking on the matter, Minister for Justice, Helen McEntee said:
“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.”