THE ACTING GOVERNMENT will be asked to introduce emergency legislation to close the suspended sentence loophole.
Earlier this week, the High Court ruled that certain aspects of the law governing suspended sentences are unconstitutional. The decision was made on Tuesday by Judge Michael Moriarty after the constitutionality of Section 99 of the Criminal Justice Act 2006 was challenged.
Section 99 deals with the power of courts to suspend sentences and also to activate suspended sentences.
Tonight, the Department of Justice confirmed that emergency legislation is needed and will be brought before the Dáil next week.
“The consequences and implications of Justice Moriarty’s judgement have been the subject of lengthy and detailed consultation between the Department and the Offices of the Attorney General.
“Following these consultations the Minister for Justice and Equality, Frances Fitzgerald, will be asking the government to approve emergency legislation at its meeting next week with a view to it being enacted as soon as possible thereafter.
“Section 99 of the Criminal Justice Act 2006 has been under review in the Department and, as part of this, legal advices had been sought as part of the examination of the section.”
The judge’s decision and its possible implications have already been seen in a number of cases this week.
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