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19/09/2012
Irish Penal Reform Trust Call For Sentencing Reform
The situation where the Minister for Justice decides the duration of a prison sentence for those sentenced to a life term needs to be addressed, according to the Irish Penal Reform Trust.
The comments come after Malcom MacArthur, who was sentenced to life in prison for the murder of nurse Bridie Gargan in 1982, was given reviewable temporary release from prison on Monday after 30 years.
Executive Director of the Irish Penal Reform Trust Liam Herrick said that the Irish approach relating to this is out of step with best international practice.
He said the trend across other countries is to give a judicial body, such as a parole board or a court, the power to make decisions about when people are released.
Mr Herrick said that it was not possible to comment on or question the quality of the decision-making process by ministers.
However, he said that transferring the power to an independent body with the necessary expertise would be a way of ensuring the fairness of the process, especially in high-profile cases.
Mr Herrick said: "It removes any perception that either media controversy or political controversy might influence a minister if you simply remove it from the minister.
"That's what's happened in most other common law jurisdictions and in the civil law jurisdictions in Europe, generally. That power is given to a court, which is removed from the political system as well. I think that's much preferable."
(H)
The comments come after Malcom MacArthur, who was sentenced to life in prison for the murder of nurse Bridie Gargan in 1982, was given reviewable temporary release from prison on Monday after 30 years.
Executive Director of the Irish Penal Reform Trust Liam Herrick said that the Irish approach relating to this is out of step with best international practice.
He said the trend across other countries is to give a judicial body, such as a parole board or a court, the power to make decisions about when people are released.
Mr Herrick said that it was not possible to comment on or question the quality of the decision-making process by ministers.
However, he said that transferring the power to an independent body with the necessary expertise would be a way of ensuring the fairness of the process, especially in high-profile cases.
Mr Herrick said: "It removes any perception that either media controversy or political controversy might influence a minister if you simply remove it from the minister.
"That's what's happened in most other common law jurisdictions and in the civil law jurisdictions in Europe, generally. That power is given to a court, which is removed from the political system as well. I think that's much preferable."
(H)
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