Tackling burglary
The new Criminal Justice Bill aims to restrict bail for repeat offenders and deter break-ins.
One of the lingering consequences of the downturn is a rise in burglaries and, following public pressure, the Government is bringing forward new legislation to keep repeat offenders off the streets.
The number of burglaries and related offences always peaks in the fourth quarter of each year, when the purchasing of consumer goods is also highest. The annual peak has remained steady at around 7,200 incidents since 2011, higher than the norm (6,800) before the crash.
“I am determined that those who invade and disrupt the lives of citizens in this way are dealt with robustly,” Justice Minister Frances Fitzgerald stated as she published the draft scheme of the Criminal Justice (Burglary of Dwellings) Bill. This will be considered by the Oireachtas Justice Committee before its formal introduction – expected before the summer recess.
Fitzgerald is also carrying out a broad review of the criminal justice system’s response to burglary which will look at how to manage prolific offenders more effectively, increase the visibility of policing, and improve crime prevention services.
“Burglary of a person’s home is very traumatic for the victim, is a serious offence and always has the danger to escalate into an offence against the person,” she stated.
“It is the combination of the serious nature of the offence and the fact that burglars tend to be repeat offenders that warrants specific measures aimed at prolific burglars.” The Minister also cited the Constitution’s legal protection for the home: “The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.”
For bail hearings, the Bill will allow a previous conviction for domestic burglary (coupled with two or more pending charges) to be deemed as evidence of a likelihood to commit further domestic burglaries. Without evidence to the contrary, the court will be allowed to conclude that the accused is likely to commit a serious offence and therefore that bail should be refused. The constitutional presumption in favour of bail remains as he or she is considered innocent until proven guilty.
The Bill will also require custodial sentences for multiple burglary offences to be imposed consecutively. The court’s discretion to sentence (and decide that sentence’s duration) will not be restricted.
The proposed new law on consecutive sentences will only apply to adults previously convicted of a burglary committed within the last five years.
The aggregate period of imprisonment for consecutive sentences imposed by the District Court is limited to two years but no such restriction will apply in cases before the Circuit Court. The Government hopes that 550 extra Garda recruits and 370 new Garda vehicles will also make a practical difference in preventing and investigating burglaries.
