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In addition, the Commission is requested to consider mandatory sentences in general terms, although the Commission notes that existing legislation that already provides for mandatory sentences in connection with specific offences provides a valuable reference point for the analysis required in response to the request.The Commissions third task is to assess whether provision in legislation for such sentences is appropriate and beneficial.
This therefore envisages that a sentence covers both custodial and non-custodial sanctions; indeed, it is notable that section 99 of the Criminal Justice Act 2006 regulates the non-custodial suspended sentence.
The Commissions principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law.
Since it was established, the Commission has published over 180 documents (Working Papers, Consultation Papers and Reports) containing proposals for law reform and these are all available at
At the same time, bearing in mind the very wide potential scope of an examination of all offences and all sentences, the Commission has also concluded that it should restrict the scope of its review to offences at the higher end of the criminal calendar (such as murder), or which by their nature pose major risks to society (such as organised drugs offences or firearms offences), or which involve specific aspects that merit special attention (for example, consecutive offences committed by the same person).
While the examples given here reflect the types of offences for which mandatory sentences, as described below, are currently prescribed in Ireland, the Commission has not confined its analysis to these examples.
The first matter addressed by the Commission in preparing this Report was to determine the scope of the term sentences in the Attorney Generals request.
In this respect, the Commission considers that it is important to note that the Oireachtas, the Judiciary and the Executive each play a role in the sentencing process defined in a broad sense.
The Commission is currently engaged in the preparation of a Fourth Programme of Law Reform.
The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act.
Indeed, the need to look beyond existing examples is directly connected to the Commissions conclusion, already mentioned, that it should examine and review the general principles of sentencing.
This involved the Commission reviewing relevant developments in the literature on sentencing since its 1996 Report on Sentencingin order to provide a framework for analysing a selection of offences, including those for which mandatory sentences are currently provided.
In the context of this Report and in particular the request to consider whether mandatory sentences are appropriate or beneficial, the Commission understands that the Attorney General was not requesting that this be considered in relation to all criminal offences.