Department of Justice may appeal suspended sentences ruling

Justice Minister Frances Fitzgerald
Justice Minister Frances Fitzgerald

The Department of Justice may lodge an appeal against the High Court ruling which struck down laws governing the activation of suspended sentences, the Irish Independent reports.

Department officials are reportedly considering an appeal while Justice Minister Frances Fitzgerald continues drafting emergency legislation to deal with the issue.

Mr Justice Michael Moriarty struck down sections 99.9 and 99.10 of the Criminal Justice Act 2006 in May after a challenge to their constitutionality succeeded.

Since the final orders were made, Irish courts have not been able to activate the suspended sentences of criminals who re-offend and at least 15 prisoners have initiated High Court proceedings on the basis that they are being unlawfully detained.

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