Tserendorj murder sentencing has highlighted ‘yawning gap’ in legislation
Mr Justice Hunt said the Children Act, 2001 does not fulfil the role of a coherent and comprehensive framework in that it fails to deal with young offenders such as the accused in this case. He identified what he called a “yawning gap” in the legislation which he said “cries out for reform”. He said this “should be attended to because it is merited on its own terms and, if not, it will thrust litigation upon the State”.
Speaking in the Dáil on Thursday, the Fine Gael TD asked if it is intended to expand the penalties available in the courts in sentencing children convicted of serious offences and whether legislation is planned. He also said: “The proposed legislative amendments will provide for deferred sentence supervision orders also.” ]
There is no provision for suspended sentences, he said, and no way for the court to impose conditions on the defendant if he is released following a sentence review.
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