Sentencing guidelines are documents that contain guidance, beyond that which exists in law, for judges to follow when sentencing a person who is found guilty or who pleads guilty at court.

The Houses of the Oireachtas legislated for the introduction of sentencing guidelines through the establishment of the Sentencing Guidelines and Information Committee (SGIC). The SGIC is expected to publish guidelines on domestic violence incidents by the end of 2024, with guidelines in relation to fatal driving offences to follow. This raises questions as to the impact of guidelines on current practice...

Mandatory and minimum sentences
The Oireachtas has legislated for mandatory life sentences for adults convicted of murder. Following a High Court case, legislation was brought forward in September 2024 to disapply the mandatory life sentence for murder for juvenile offenders.

The Oireachtas has also legislated for minimum sentences, for example with respect to firearms and drug offences, which have been challenged in the courts. Both Oireachtas members and legal experts have called for the repeal of presumptive minimum sentences, with some suggesting they are unnecessary when sentencing guidelines are in effect. The then Minister for Justice, Helen McEntee TD stated that a review of legislation providing for the imposition of mandatory minimum sentences concluded in 2024 but a report has not yet been made publicly available.

Recent Government legislative proposals (General Scheme of the Life Sentences Bill) also seeks to:

• require judges to recommend a minimum custodial term when imposing a life sentence; and
• widen the remit of the SGIC in this regard.