THE POWERFUL ADVOCACY of Natasha O’Brien has resonated with people across the country over recent days, as time and again, victims and survivors of violent crime tell us that they feel let down by the very system meant to protect them.
Many have been shocked not to hear about the horrific assault to which Natasha was subjected two years ago, but also about her experience of the criminal justice system. Indeed, her case has highlighted the reality that an epidemic of violence is taking place against women in Ireland.
Much of this is happening behind closed doors – within domestic settings. Last year alone, Women’s Aid recorded over 40,000 disclosures of abuse against women and children. This was an 18% increase on 2022, and the highest number ever documented.
Despite the great courage of so many victims and survivors in coming forward to report violent crimes, the State is failing women who are victims of domestic violence in far too many ways. Over half of domestic violence refuges around the country are full, and nine counties are still without any refuge space for women and children.
While renewed investment has been made in refuge places for survivors of domestic violence, Ireland is still well below the required provision under the Istanbul Convention of one family refuge place for every 10,000 of population. We urgently need to see at least 512 places in place; well above the planned 280 places due by the end of 2026.
Even where women have escaped from domestic violence and secured a place of refuge, many report a further experience of re-victimisation within the criminal justice system in their quest to secure justice.
Natasha O’Brien’s bravery in telling us about her re-victimisation experience has highlighted the desperate need to review shortcomings in our criminal justice system, the impact this can have on survivors of crime and the need to review the practice of suspending sentences fully or partially in cases where crimes of violence are committed.
Many victims, complainants and witnesses within the Irish criminal justice system feel traumatised or even violated by the practice of having their experience exposed within the criminal court system, particularly where the outcome falls short of achieving any real sense of resolution or justice.
Where a conviction is secured, the next step is the sentencing decision, where judges will first have regard to the maximum penalty set down for that sentence in law. Within those parameters, the basic principle of sentencing is that of proportionality. That means that they must take into account the nature of the offence and the circumstances in which it was committed, in deciding upon a proportionate sentence. This is known as a ‘headline’ sentence for the specific offence.
However, judges then look at potential mitigating factors which may reduce the severity of that headline sentence. Typical mitigating factors include an early guilty plea, or a clean record (no previous convictions). Judges regularly take such factors into account in providing for a partial suspension of a sentence – often an offender might be sentenced to a penalty of three or four years in prison but with the final six or 12 months suspended, for example. This type of suspension is often used with a view to facilitating re-integration into society for the offender.
It is much more unusual, in the context of violent crime, for a judge to impose an immediate custodial sentence and then suspend it fully. Recent sentencing decisions involving such suspensions have rightly caused significant public outcry, with serious questions now being raised about sentencing outcomes for those convicted of gender-based violence and other violent crimes.
The DPP does have the power to seek the review of a sentence imposed by a judge on grounds of undue leniency. It emerged earlier this week that in the case of Cathal Crotty, the DPP has decided to do just that.
It goes without saying that the principles of separation of powers and of the independence of the Director of Public Prosecutions (DPP) are central to our system of justice. But the political system must reflect on the criminal justice issues highlighted over the last fortnight. That’s why the Labour Party is bringing forward a motion to the Dáil tomorrow morning calling for a review of sentencing in Ireland and additional supports for victims of violent crime.
Our motion will call on the Government and the Minister for Justice to initiate a review of sentencing practices, in particular the practice of suspending custodial sentences in cases of violent crime. We are also calling for the urgent publication of clear sentencing guidelines by the Judicial Council. Without such information, it is easy to understand why so many victims of violence feel let down by a system that appears to lack consistency.
It is time to act decisively with reforms such as these, to ensure that our legal system delivers real justice for victims of violent crimes. It’s time for this Government to act.
Ivana Bacik is leader of the Labour Party and a TD for Dublin Bay South. She is also a barrister.
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