The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Chapter IV
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
The DPP does not have a direct role in the enforcement or supervision of sanctions. There are a number of situations, however, in which he can, or will be called upon, to act in order to ensure that the sentence imposed is sufficiently proportionate to the crime (i.e. not too lenient) and is fully implemented.
The DPP may apply to the Court of Criminal Appeal to review a sentence imposed on conviction on indictment if it appears to him that the sentence was unduly lenient (Sect. 2 subs. 1 Criminal Justice Act, 1993). This power was introduced in 1993 and the DPP has made ample use of it over the past decade, resulting in an increased sentence in several cases. These increases have taken the form of an increase in the length of custodial sentence handed down and even the substitution of a non-custodial sentence by a custodial sentence. It is worth noting, however, that the Court will not increase the sentence simply because it is satisfied that a heavier sentence might have been merited on the facts of the case. It would have to be satisfied that the sentence originally imposed is far below what would have been appropriate in the circumstances (People (DPP) v McAuley and Walsh, 2001, 4 IR 160; DPP v McCormick, Court of Criminal Appeal, April 18, 2001).
Where an offender is sentenced to imprisonment, he is either conveyed immediately into the custody of the governor of the relevant custodial institution or required to submit to his custody at a specified time in the future. While in custody the offender is under the control of the governor who can sanction temporary release (Prisoners (Temporary Release) Rules 1960). If the prisoner escapes from the custodial facility or is unlawfully at large the governor will inform the Garda. Once apprehended the prisoner will be retuned immediately to the facility and a file will be prepared by the Garda and submitted to the DPP who will take the decision on whether the prisoner should be prosecuted for escaping or remaining unlawfully at large.
Non-custodial sentences which involve a measure of post-sentence supervision (mostly probation orders and community service orders) are supervised by the Probation and Welfare Service. Where the offender breaches a term of his sentence the probation service would have to decide whether the matter was serious enough to warrant informing the Garda. Depending on the seriousness of the breach the Garda might decide to take no further action, or to bring the offender back before the court or to refer the matter to the DPP. In those cases which come back before the court it is normally a member of the Garda Siochana who presents the facts to the court. If the matter comes before the DPP he can decide to take the offender back before the court or to prefer new criminal charges against him arising out of the breach.
The District Court Rules set out a table of equivalence between the amount of a fine and the period of imprisonment (Sect. 2 Courts (No. 2) Act, 1986 and District Court Rules, 1997, O.23). If the offender fails to pay a fine he will be arrested by a member of the Garda Siochana and delivered into the custody of the governor of the relevant custodial facility to serve the appropriate term. The DPP is not involved in this process.
The DPP does not supervise compliance with a suspended sentence. Usually in these cases the only condition attaching to the sentence is that the offender should keep the peace and not commit another criminal offence during the relevant period. If he is apprehended by the Garda doing either of these things it will be treated as a criminal offence in the normal manner. If the offender is charged and brought to court for the offence the court will deal with that offence and decide whether to activate the suspended sentence.
An offender can be pardoned or have his punishment commuted or remitted, either in whole or in part, by the executive. Conditions can be attached to each of these options in any individual case. However, there is no formal procedure for supervising compliance with the procedures. If they are enforced at all it is likely to be as a result of the Garda bringing the offender before a court to answer a charge arising out of the action which constituted a breach of the conditions. It is unlikely that the DPP would be directly involved, unless in his capacity as the prosecuting authority for the offence in question.
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
The DPP does not have a direct role in the enforcement or supervision of sanctions. There are a number of situations, however, in which he can, or will be called upon, to act in order to ensure that the sentence imposed is sufficiently proportionate to the crime (i.e. not too lenient) and is fully implemented.
The DPP may apply to the Court of Criminal Appeal to review a sentence imposed on conviction on indictment if it appears to him that the sentence was unduly lenient (Sect. 2 subs. 1 Criminal Justice Act, 1993). This power was introduced in 1993 and the DPP has made ample use of it over the past decade, resulting in an increased sentence in several cases. These increases have taken the form of an increase in the length of custodial sentence handed down and even the substitution of a non-custodial sentence by a custodial sentence. It is worth noting, however, that the Court will not increase the sentence simply because it is satisfied that a heavier sentence might have been merited on the facts of the case. It would have to be satisfied that the sentence originally imposed is far below what would have been appropriate in the circumstances (People (DPP) v McAuley and Walsh, 2001, 4 IR 160; DPP v McCormick, Court of Criminal Appeal, April 18, 2001).
Where an offender is sentenced to imprisonment, he is either conveyed immediately into the custody of the governor of the relevant custodial institution or required to submit to his custody at a specified time in the future. While in custody the offender is under the control of the governor who can sanction temporary release (Prisoners (Temporary Release) Rules 1960). If the prisoner escapes from the custodial facility or is unlawfully at large the governor will inform the Garda. Once apprehended the prisoner will be retuned immediately to the facility and a file will be prepared by the Garda and submitted to the DPP who will take the decision on whether the prisoner should be prosecuted for escaping or remaining unlawfully at large.
Non-custodial sentences which involve a measure of post-sentence supervision (mostly probation orders and community service orders) are supervised by the Probation and Welfare Service. Where the offender breaches a term of his sentence the probation service would have to decide whether the matter was serious enough to warrant informing the Garda. Depending on the seriousness of the breach the Garda might decide to take no further action, or to bring the offender back before the court or to refer the matter to the DPP. In those cases which come back before the court it is normally a member of the Garda Siochana who presents the facts to the court. If the matter comes before the DPP he can decide to take the offender back before the court or to prefer new criminal charges against him arising out of the breach.
The District Court Rules set out a table of equivalence between the amount of a fine and the period of imprisonment (Sect. 2 Courts (No. 2) Act, 1986 and District Court Rules, 1997, O.23). If the offender fails to pay a fine he will be arrested by a member of the Garda Siochana and delivered into the custody of the governor of the relevant custodial facility to serve the appropriate term. The DPP is not involved in this process.
The DPP does not supervise compliance with a suspended sentence. Usually in these cases the only condition attaching to the sentence is that the offender should keep the peace and not commit another criminal offence during the relevant period. If he is apprehended by the Garda doing either of these things it will be treated as a criminal offence in the normal manner. If the offender is charged and brought to court for the offence the court will deal with that offence and decide whether to activate the suspended sentence.
An offender can be pardoned or have his punishment commuted or remitted, either in whole or in part, by the executive. Conditions can be attached to each of these options in any individual case. However, there is no formal procedure for supervising compliance with the procedures. If they are enforced at all it is likely to be as a result of the Garda bringing the offender before a court to answer a charge arising out of the action which constituted a breach of the conditions. It is unlikely that the DPP would be directly involved, unless in his capacity as the prosecuting authority for the offence in question.
