Courts / Ireland / Report
Judge criticises inability to suspend sentences of juvenile offenders
Summary
Mr Justice Paul McDermott criticised the lack of a legislative power to suspend sentences for juvenile offenders while sentencing a 17‑year‑old boy who pleaded guilty to the oral and anal rape of a younger boy aged six to nine between July 2019 and October 2021. He noted that the law requires detention to be a last resort for those under 18 and that offenders should be allowed to continue education and family relationships, but in this case that was not possible. The judge said the appropriate sentence was three years' detention, but without the power to suspend the final 20 months he imposed 16 months for the first count and adjourned sentencing on the second count until the defendant turned 18, after which a further 20‑month sentence would be suspended for three years on strict conditions, including continued schooling and compliance with the Probation Service.
Who, what, where, when and why
What: Report matter: Judge criticises inability to suspend sentences of juvenile offenders. Charges or matters: oral and anal rape of the boy on dates between July 2019 and October 2021. Procedural stage: sentence
When:
- July 2019 Hearing Or Sentence
- October 2021 Incident
- March 2022 Hearing Or Sentence
- January 2023 Hearing Or Sentence
- 2024-04-09 Publication
Why: The now 17-year-old boy, who cannot be named because he is a child, pleaded guilty at the Central Criminal Court to oral and anal rape of the boy on dates between July 2019 and October 2021. CNI source report
Case subjects
Accused
Charges: oral and anal rape of the boy on dates between July 2019 and October 2021 (Admitted)
Plea: Guilty
Outcome: He said he would then impose a further sentence of 20 months which would be suspended for three years on strict conditions including that the defendant maintain going to school, training, professional courses to address his offending and continue taking on board the directions of the Probation Service. Mr Justice McDermott noted the failure to provide for suspended sentences did not really apply to children in the District Court where most child offending is addressed, but in serious cases such as this offence it would be "very useful".
Places mentioned
- Central Criminal Court
Topics
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