The government is bringing forward the Criminal Justice (Amendment) Bill 2024 in response to a High Court ruling which found that the current statutory sentencing regime is unconstitutional.

In his ruling earlier this month, Mr Justice Garrett Simons held that the “current age of a juvenile offender does not affect their moral culpability as of the time of the commission of the offence of murder”.

The bill will amend the Criminal Justice Act 1990 to disapply both the mandatory life sentence for murder and the minimum custodial period for capital murder for those who were under 18 at the time of the offence.

Justice minister Helen McEntee said: “This legislation will give effect to amendments required on foot of a recent High Court judgment which held that mandatory life sentences for murder cannot be imposed on ’aged out’ children; that is, children who have turned 18 years old before sentencing.

“The High Court held that it is unconstitutional for a child who committed an offence of murder and sentenced whilst still a child might receive a determinate sentence with a fixed length, whereas a child who had aged out must receive a life sentence for the very same offence.

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

“I have received government approval to publish the bill and it will be progressed to enactment as a matter of urgency due to a number of upcoming trials dealing with this cohort.”