The planned reform of penal policies in the Republic, unveiled last week, has the potential to radically overhaul how the courts, Probation Service and Prison Service deal with those convicted of crimes.
For decades groups such as the Irish Penal Reform Trust have called for the replacement of very short prison sentences with non-custodial sanctions. The Review of Policy Options for Prison and Penal Reform 2022-2024 published by Minister for Justice Helen McEntee acknowledges this shift must take place and plans for it. Jailing people for less than three months is seen as pointless. Those in jail for such brief periods do not have the opportunity to meaningfully engage with rehabilitative and educational services that may help address their offending.
At the same time, even the briefest prison sentence can bring great disruption for the jailed person, making their lives more unstable and increasing their risk of reoffending. This can include breaking family relationships, losing accommodation or damaging job prospects. If the number of short-stay prisoners were greatly reduced, others who receive longer sanctions should find a less crowded prison system. As a result, that system should be better able to meet their needs around literacy, drug and alcohol addiction, anger management and the complex range of other factors at the root of their offending.
Under the Government’s plan, jail terms for very serious offences will increase. Judges imposing life sentences will also have the opportunity to specify the prisoners being jailed should serve at least 20, 25 or 30 years. One significant area that must be examined carefully is the range of non-custodial options available to judges. The judiciary must have real alternatives if they are to be expected to spare a convicted person prison time in favour of another option. An increase, for example, in drugs detox and treatment options will be crucial. Yet this is an area where the State’s record is poor. Only a sudden and significant improvement will make a reality of what is, for now, a progressive but aspirational plan.