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Labours Law

  • 11-01-2011 8:01pm
    #1
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭


    Has anyone read much on Labours new penal plan? Just got the end of it there on the news. Requiring district court judges to justify an imposed prison sentence in writing. Closing down St Pats. Increasing JLO officers (without increasing Garda numbers). Was there anything else?

    I'm not sure how useful the first one will be. Who will the judges have to justify themselves to?


Comments

  • #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    k_mac wrote: »
    Has anyone read much on Labours new penal plan? Just got the end of it there on the news. Requiring district court judges to justify an imposed prison sentence in writing. Closing down St Pats. Increasing JLO officers (without increasing Garda numbers). Was there anything else?

    I'm not sure how useful the first one will be. Who will the judges have to justify themselves to?

    if it would make more work for judges.the chances are they would impose fewer custodial sentences as a result. If they don't give reasons in writing the aggrieved defendant will seek judicial review.more fun and games in the courts.


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    k_mac wrote: »
    Has anyone read much on Labours new penal plan? Just got the end of it there on the news. Requiring district court judges to justify an imposed prison sentence in writing. Closing down St Pats. Increasing JLO officers (without increasing Garda numbers). Was there anything else?

    I'm not sure how useful the first one will be. Who will the judges have to justify themselves to?

    I suppose it would be for the purposes of appeal, but it's completely spurious because a circuit court appeal is de novo. So, appealing against the district court judge on the basis of a mistake would put defendants at a disadvantage to the present system.

    Not to mention the increased delays that it would cause for no real reason - Central Criminal Court Judges don't have to give reasons for a sentence in writing (although they can).

    Just another reform for reform's sake.


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Jo King wrote: »
    if it would make more work for judges.the chances are they would impose fewer custodial sentences as a result. If they don't give reasons in writing the aggrieved defendant will seek judicial review.more fun and games in the courts.

    Are these reasons supposed to be given to the defendant? Is this not bordering on interference with the judiciary?


  • #5
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    k_mac wrote: »
    Are these reasons supposed to be given to the defendant? Is this not bordering on interference with the judiciary?

    reasons are supposed to be given at the moment. It is grounds to quash the decision of the district court judge if adequate reasons are not given.when digital recording comes into being in all courts, this requirement will be superfluous in any event.


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