Cabinet to be asked to back emergency legislation on suspended sentences

Last week, Mr Justice Michael Moriarty declared that section 99 of the Criminal Justice Act 2006, governing the activation of suspended sentences, is unconstitutional.

The Department of Justice said Ms Fitzgerald will seek approval this week for emergency legislation following “lengthy and detailed consultation” with Attorney General Máire Whelan.

The legislation will be enacted as soon as possible thereafter.

The Department said issues that may arise at the final order hearing on Wednesday will be taken into account.

Section 99 of the Criminal Justice Act 2006 has been under review in the Department and, as part of this, legal advices had been sought as part of the examination of the section.