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The Judiciary is responsible for the determination, based on the aims of the criminal justice system and relevant sentencing principles, of the specific sentence to be imposed in a particular case, unless the offence carries a mandatory sentence.The Executive is responsible for the implementation of sentences imposed and this includes the exercise of statutory powers to commute or remit any sentence imposed by the courts and to grant temporary release to prisoners (which broadly corresponds to a parole system).At the same time, bearing in mind the very wide potential scope of an examination of all offences and all sentences, the Commission has also concluded that it should restrict the scope of its review to offences at the higher end of the criminal calendar (such as murder), or which by their nature pose major risks to society (such as organised drugs offences or firearms offences), or which involve specific aspects that merit special attention (for example, consecutive offences committed by the same person).While the examples given here reflect the types of offences for which mandatory sentences, as described below, are currently prescribed in Ireland, the Commission has not confined its analysis to these examples.Most of these proposals have led to reforming prepared by the Commission following broad consultation and discussion.

The Commission notes that various terms have been used to distinguish between the most significant criminal offences and those which are less serious.Indeed, the need to look beyond existing examples is directly connected to the Commissions conclusion, already mentioned, that it should examine and review the general principles of sentencing.This involved the Commission reviewing relevant developments in the literature on sentencing since its 1996 Report on Sentencingin order to provide a framework for analysing a selection of offences, including those for which mandatory sentences are currently provided.The first matter addressed by the Commission in preparing this Report was to determine the scope of the term sentences in the Attorney Generals request.In this respect, the Commission considers that it is important to note that the Oireachtas, the Judiciary and the Executive each play a role in the sentencing process defined in a broad sense.

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