Foilsiú

Information for Judges and Legal Professionals

Ó: An tSeirbhís Phromhaidh
Foilsithe: 29 Bealtaine 2023
An t-eolas is déanaí: 12 Aibreán 2025

Sentencing
Links for Legal Professionals
Further information

The Probation Service provides (a) offender assessment reports for the Courts and for the Parole Board and (b) manages court ordered supervision of offenders in the community and on supervised early release from prison/detention.

Probation Officers are professionally trained, drawing on social work and psychology based skills and methods. These methods include motivational work, crisis intervention, problem solving, restorative practice, adult learning/education and family work. Offenders will work on an agreed plan with the Probation Officer to address the factors contributing to the offending and to increase understanding of the impact of the harm caused in order to avoid re-offending.

Offenders are managed by working in partnership with multi agency groups. There are a range of incentives including individual and group programmes aimed at specific types of offending and related problems. These include the Choice and Challenge general offending programme, anger management, alcohol programmes and Strengthening Families.

On any one day the Probation Service is managing up to 7,500 offenders on supervision in the community in addition to carrying out 1,000 assessments at any one time. Probation Officers work with prisoners in custody to address offence related issues, reduce their risk of re-offending and prepare offenders for reintegration in their communities.

The Probation Service has a clear obligation to manage the Supervision of Court Orders. In any one year over 10,000 reports are completed on request from the Courts. These Pre-Sanction reports assist Judges by providing information, including offence analysis and risk assessment, to assist in making the most appropriate decision on available sanctions.

ensuring that court orders are successfully implemented.
responding in a timely and efficient manner to all requests from the Court.
providing Court Duty attendance in Courts with significant numbers, where there are children court sittings and where facilities for same day assessments allow.

The Probation Service is committed to maintaining good communication channels and relationships with the Judiciary. A Court Liaison Team is available at the headquarters in Haymarket Dublin, while issues in the other Regions are addressed by the local teams.

Most of the wok done by the Probation Service in assessing and supervising offenders is undertaken at the request and on behalf of the Courts.

Probation Officers work hard to engage offenders under supervision and to encourage compliance. In the case of non-compliance matters are returned to the Court. This can result in a custodial sentence or other sanction being decided by the Court. That is 1) where a further offence has been committed, 2) where there is an escalating risk and 3) if the offender seriously and consistently breaches their supervision order.

The Service has appointed a Regional Manager to manage the communication strategy going forward with the Judiciary: -

Probation Service staff are available to address any relevant issues impacting the Courts.

Sentencing

Among the factors considered by the judge when sentencing are:

whether or not the offender pleaded guilty to the offence
the facts of the offence - the circumstances in which the offence occurred
whether there were any aggravating factors in relation to the offence - such as particularly violent or cruel behaviour
previous criminal record
character
age
family circumstances
employment status
whether the offender is sorry for what they have done
whether certain types of treatment may help or reform the offender
the impact of the offence on the victim
any other relevant information about the offender (for example, if you are in bad health)

Options available to the judge when sentencing:

1. Dismissal under the Probation of Offenders Act

2. A Probation Order

Definition: I n the District Court, if the judge has found that the facts of the case against the offender have been proved ─ but don’t proceed to a guilty finding ─ they can make a Probation Order. This puts an offender under the supervision of a Probation Officer for a period of up to three years. A Probation Order is not a recorded conviction.

Legal basis: Probation of Offenders Act 1907 ( Sections 2 (1), 2(2) and 2 (3) Criminal Justice Administration Act 1914, Sections 8 and 9

Section 115ff of the Children Act 2001

(Section 1(1)(ii) Probation of Offenders Act 1907)

Length of supervision: A Probation Order won’t be longer than three years in duration.

Probation Orders made in the Circuit and Higher Courts under the Probation of Offenders Act 1907 are recorded convictions.

Community Service Order

Definition: Courts can order an offender to do between 40 and 240 hours of unpaid work in the community if the person is over 16 and been convicted of an offence, which otherwise would have involved a jail sentence. The community service should be performed in the period of one year beginning on the date of the Order.

Legal Basis: The Criminal Justice (Community Service) Act,1983 and Section 115 of the Children Act 2001. Section 115 of the Children Act 2001 allows for a Community Service Order under section 3 of the Act of 1983 as a community sanction for a child of 16 or 17 years of age who has been found guilty of an offence.

The Criminal Justice (Community Service)(Amendment) Act 2011: a court can order a Community Service Order (CSO) when someone has been convicted of an offence which would otherwise have involved a sentence of less than 12 months obliges a court, before which an offender stands convicted of an offence for which a sentence of up to twelve months is given.

Part 5 of the Fines (Payment and Recovery) Act 2014 makes provision for the requirement of an offender in particular to complete a specified number of Community Service under the Act of 1983 in lieu of payment of a fine.

On 11th January 2016 Minister for Justice and Equality, Frances Fitzgerald TD commenced the Fines (payment and Recovery) Act 2014. For more detail on the role of a CSO in the case of non-payment of fines, see Fines (Payment and Recovery) Act 2014.htm.

Length of Supervision: A Community Service Order must be completed within 12 months. The Court has authority to extend the period for completion.

Partially or fully suspended sentence with a condition of Probation Service supervision

Definition: A partially suspended sentence means the court makes an order suspending the jail sentence in part ─ on condition of a person entering into a ‘recognisance’ or a promise to comply with the conditions of, or imposed, in relation to the order.

Legal basis: Section 99 (Power to suspend sentence) of the Criminal Justice Act 2006 as amended by section 60 of the Criminal Justice Act 2007 and section 51 of the Criminal Justice (Miscellaneous Provisions) Act 2009.

Length of supervision: The maximum length of supervision in determined by the maximum jail sentence for the particular offence(s).

Supervision Order under the Misuse of Drugs Act 1977

Definition: Section 28(2) of the Misuse of Drugs Act 1977 (as amended). If the court believes the welfare of the convicted person warrants it, it will allow a supervision order to be made instead of imposing any other penalty .

Legal basis: Misuse of Drugs Act 1977 (with subsequent amendments)

Length of supervision: No minimum or maximum period for a supervision order is provided in the legislation but for an order to be valid a specified period must be included in the order.

Post-custody supervision: As well as supervising offenders who have been placed on probation directly by the courts, the Probation Service provides different types of post-custody supervision, ie after a person has completed a prison sentence.

Temporary Release from Custody with conditions of Probation Service Supervision

Definition: A person who is serving a custodial sentence shall be released from prison for a temporary period subject to certain conditions (which may include Probation Service Supervision) which are specified in the Direction.

Legal Basis: The Criminal Justice Act 1960 as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.

Length of Supervision: The period of supervision is as determined by the decision and order of the Minister for Justice.

Post Release Supervision Order

Definition: A Court that is imposing a custodial sentence on a person convicted of a scheduled sexual offence is obliged to consider whether or not to impose a sentence involving post-release supervision.

Such offenders are monitored closely and the work of the Probation Officer focuses on the offence committed and its implications for public safety, helping the offender to see the past offending behaviour as a problem and developing strategies and supports to ensure there is no repeat offending.

In making this determination the court must consider the need for the offender's rehabilitation, public protection and the likelihood of further offences being committed after release.

Legal basis: Part 5 of the Sex Offenders Act 2001

Adjournment on Supervision for a further progress report

Failure to comply with supervision

Failure by an offender to comply with supervision will be addressed first with him or her by the Probation Officer and may lead to the case being returned to court. This can result in a custodial sentence or other sanction being decided upon by the court. In the case of temporary release, failure to comply with supervision may result in an immediate return to custody.

For a more detailed information of the options available to judges, please visit Supervised Sanctions in the Community