Evaluation of the effect of Irish penal policy on female short-term prison sentence recipients: The need for gender-specific policy
Date
2023-10-09Embargo Date
2026-10-09
Author
Walker Duignan, Sharon
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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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