A draft Criminal Justice (Amendment) Bill 2024 was yesterday brought to Government.
This legislation is expected to address an issue recently 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.
Further to the High Court judgment of September 2nd, which held that the mandatory life sentence for murder cannot be imposed on ‘aged out’ children, legislative amendments have now been drafted in response, and now subject to Government approval.
These ammendments 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 latter child, in this same 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 September 10th 2024, the Government agreed to proceed with the drafting of the Criminal Justice (Amendment) Bill 2024, to address this issues, which was recently identified by the High Court.
The Bill also amends section 4 of the Criminal Justice Act 1990, to dis-apply the mandatory minimum sentence for treason, and certain murders (e.g. of a Garda or prison officer).
An amendment to dis-apply the minimum custodial period for the offence of capital murder, to the same cohort, are also included in this Bill.
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