Evaluation of the effect of Irish penal policy on female short-term prison sentence recipients: The need for gender-specific policy
Walker Duignan, Sharon
Walker Duignan, Sharon
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Publication Date
2023-10-09
Type
Thesis
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Abstract
Background: Following the Irish economic collapse in the 2010s, government penal policy became refocused. Existing plans to expand the prison estate were reprioritised with plans designed to reduce prison overcrowding. Government legislative policies aimed to promote alternatives to custody by encouraging the use of the existing Community Service Order (‘CSO’) and stopping the use of Short Term Prison Sentences (‘STPS’) for fine default. Problem: Prior to this research, the Irish Prison Service presented statistics for male and female STPS recipients as a combined total to the Minister for Justice. When legislation was developed to divert STPS recipients away from custody, it failed to specifically consider the unique circumstances of women. The District Court, responsible for administering the majority of STPS, operates under the constitutional principle of judicial discretion, making it challenging to control the application of STPS through legislation. While sentencing is guided by the principle of proportionality, some inconsistencies exist within Irish sentencing, which the Judicial Council Act 2019 and the Court of Appeal aim to address by providing structure. However, these guidelines have limited impact on minor offences heard in lower courts. Diversion legislation targets offences carrying a sentence of twelve months or less. In 2011, legislation was introduced to target offenders at the higher end of the twelve-month spectrum, promoting the substitution of a CSO instead of a twelve month imprisonment term. In 2014, legislation was enacted to address offenders at the lower end of the spectrum who fail to comply with financial penalties. Although the fines legislation led to a temporary decrease in the number of female STPS recipients, underlying issues regarding barriers to desistance that remain unaddressed within the community have contributed to a subsequent increase in their numbers. Despite the diversion policy, the annual proportion of STPS recipients that were female in 2019 was 14%. However, the proportion of women who receive CSOs had also increased to 14%.
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Publisher
NUI Galway