PROTECTION of the interests of the victim should be more central to the criminal justice system as a whole, not simply in the sentencing process, the Law Reform Commission's report says. It also calls for more State investment in criminological research to help formulate policy.
"We should avoid the facile assumption that society's responsibilities to the victim are best discharged through the imposition of heavily retributive sentences", it says.
However, in the case of sexual offences, or offences involving violence, it notes that the 1993 Criminal Justice Act is now law, and no additional legislation is necessary. Section 5 of this Act provides that the court shall take into account and may, where necessary, receive evidence or submissions concerning any effect on the victim.
Except in the most trivial cases, where the evidence of the crime itself will also disclose the effect on the victim to the extent necessary, the court will have to hear appropriate evidence from the Garda, or other source of evidence, to fulfil its statutory duty. The prosecution will have to ensure that this evidence is available.
A sample statement submitted by the Irish Association for Victim Support is "no more than should be on any properly prepared prosecution file", the commission says, and if such a statement were to become mandatory it should be prepared by the Garda.
Emphasising the need for more research, the report carried a majority and a minority view on the object of sentencing. Members note that there is still clearly relatively little criminological expertise in this State. The universities have contributed some excellent work, but there is still a "modest" number of people engaged professionally on criminological research and analysis, it says.
The Law Reform Commission's report on sentencing follows its consultation paper on the issue, published in March 1993. That paper noted that politicians were better suited than judges to formulate sentencing policy, but this view is no longer reflected in the current report.
The commission repeats provisional recommendations which gave no rise to controversy, namely that the legislature undertake a comprehensive review of the law and procedure on sentencing, and special consideration should be given to the Committee of Inquiry into the Penal System (Whitaker Report).
Also, penal servitude and imprisonment with hard labour should be abolished, and imprisonment substituted in their place.
It also says that particular attention should be paid in a detailed review of administration of sentencing to the provision of express guidelines on commutation and remission of sentences and temporary release.