Sentencing Policy
Dail Éireann — 2026-05-14
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Jim O'Callaghan (FF), Dublin Bay South

The Deputy mentioned homicide. Obviously it does not really arise in, say, a murder conviction because somebody is going to automatically face a mandatory life sentence. In terms of manslaughter, it does not apply at present. In general what happens in a case like that is the counsel representing the convicted person at the sentencing hearing will set out what he or she believes are mitigating factors the court should take into account. My view, which I spoke about even before the 2024 legislation commenced, is that it would be preferable if somebody wants to give character evidence in a serious offence - and I emphasise serious, as this cannot be happening the District Court or we would just clog it up - the most appropriate way to do it is on affidavit or by giving evidence in the witness box. That will also remove the informality of it. Sometimes people think they will just write a letter. Generally they are pointless and inappropriate but if you want to assert something about somebody's character you should do it formally.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-05-14/debate/main
Retrieved: 2026-08-14T04:54:56+00:00
Sitting date: 2026-05-14