The Criminal Justice (Amendment) Act 2024 was fast-tracked through the Oireachtas in response to a High Court ruling which found that the existing murder sentencing regime was unconstitutional.

Justice minister Helen McEntee said: “I welcome the signing into law of this important legislation which gives effect to amendments required following a recent High Court judgment which held that mandatory life sentences for murder cannot be imposed on ’aged out’ children.

“An ‘aged out’ child who is convicted of murder can still receive a life sentence, however, it will no longer be mandatory. The judge will have discretion as to whether or not to impose a life sentence.

“I want to thank my government colleagues and members of both Houses for their support in ensuring that this legislation could be progressed quickly to address the infirmities identified by the High Court.

“It is absolutely vital that there is clarity in our laws around what sentences can be imposed for those found guilty of serious crimes.”

The Act amends the Criminal Justice Act 1990 in order to dis-apply the mandatory life sentence for murder for those who commit murder when under 18 years of age but who have reached 18 years old prior to the time of the imposition of sentence.

An amendment to dis-apply the minimum custodial period for the offence of capital murder to the same cohort is also included in the Act.

James Browne, minister of state at the Department of Justice, said: “We need to ensure equality between children and those who have aged out when it comes to sentencing for a conviction of murder. I am grateful for the support of both Houses of the Oireachtas in progressing this urgent legislation.

“This Act complements proposals we are bringing forward to amend the Children Act 2001.

“Both the provisions of this Act and the proposed amendments to the Children Act have been developed to reflect the accepted standard that children are less morally culpable than adults and therefore, need to be treated differently by the criminal justice system.”