JUDGES' DATABASE TO TACKLE LENIENT SENTENCING

SENIOR judges yesterday signalled they plan to set up a sentencing
database to cross-reference jail terms handed down to major drug
dealers after intense criticism they are too lenient.

The move follows demands for more consistency in punishments for
serious crime from the Director of Public Prosecutions James Hamilton
and Justice Minister Michael McDowell.

Supreme Court Judge Mr Justice Joseph Finnegan said the judiciary is
"looking at the establishment of a sentencing information system along
the lines of systems currently being developed in other
jurisdictions".

However, in response to a request from Government deputy chief whip
Billy Kelleher to explain sentencing criteria, Mr Justice Finnegan,
president of the High Court, said "public disquiet about inconsistent
sentencing is without basis".

The issue has caused tension between the Government and the courts in
the past two months with many senior judges expressing outrage at what
they see as interference in the legal process by staging an organised
"vol-au-vents revolt" by refusing to attend a Christmas gathering with
Mr McDowell.

Cork North-Central TD Mr Kelleher said creating the new database
should lead to more consistency, but again warned judges are "too
soft" on drug dealers.

"It is disturbing that about 80% of serious drug dealers escape the
10-year mandatory minimum sentence for the possession of drugs valued
at =8013,000 or more.

"A sentencing information system would allow judges to compare
sentences for similar offences and examine an offender's sentencing
history in the same court or in a different one.

"Such systems, used in Scotland, New South Wales in Australia, and the
US, would highlight the huge variation in sentences and perhaps foster
better consistency in the fight against crime.

"When judges turn a blind eye to the sentencing guidelines we set, our
legislative purpose is undermined and ordinary people suffer. It's
time that judges followed both the letter and spirit of the law and
brought themselves in line with the will of the people," Mr Kelleher
said.

DPP James Hamilton challenged judges to adopt a sentencing policy that
would clarify the reasons behind the length of jail terms in a rare
public statement last October.

Mr Hamilton said ordinary people often saw sentencing as a "lottery"
that doled out different penalties for similar crimes.

Mr McDowell has criticised judges for not applying the mandatory
minimum but he has no power to directly influence the courts.