Sentencing Policy
Dail Éireann — 2026-03-19
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Jim O'Callaghan (FF), Dublin Bay South

The Deputy raises an interesting point about the use of mandatory minimum sentences. We did that previously in this House in respect of firearms offences where we said there was to be a mandatory sentence of, I think, five years and the Supreme Court looked at that and said it was unconstitutional because it did not give any exceptionality or discretion to a court. Introducing minimum mandatory sentences could get us into significant difficulties because we have to allow some discretion to a court. As the Deputy indicated, if it was the case - and I know these are horrific offences - that it was a very naive 18-year-old who foolishly looked at something online and saved it as compared to somebody who, for profit, was generating images of children for sexual abuse and for the purpose of generating income and who had a series of offences, those two offenders would have to be treated differently. I am concerned that if we had a minimum mandatory sentence, it could require no discretion on the part of the court.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-03-19/debate/main
Retrieved: 2026-08-14T04:54:45+00:00
Sitting date: 2026-03-19