Latest news with #LimerickCircuitCriminalCourt
Irish Examiner
5 days ago
- Irish Examiner
Mick Clifford: At a time of severe prison overcrowding, why is more use not made of community service orders?
Kyle Hayes is paying his debt to society in a constructive manner. Last April, he was ordered by Limerick Circuit Criminal Court to do 120 hours of community service in lieu of a three-month prison sentence. That in turn was handed down after he broke the conditions of a suspended prison sentence having being found guilty of engaging in violent disorder outside a nightclub in Limerick in 2019. On one level, he has been fortunate. Prison was a very real possibility following his initial conviction. The subsequent conviction for dangerous driving, while serving the suspended sentence, could easily have resulted in the prison sentence being activated. He is also fortunate in that community service orders are very rare in the Circuit Court. That's not to say that the system wouldn't benefit from more such orders in that court. But right now, they tend to be used nearly exclusively by the district court. He would, however, appear to be the ideal candidate for a sanction that was designed to lessen the frequency of sending people to prison. As a high-profile hurler, he has skills that could be well utilised in the community. Kyle Hayes, as a high-profile hurler, has skills that could be well utilised in the community. Picture: Brendan Gleeson He does not have any impeding characteristics, such as an addiction, the kind of issue that often deems an offender to be unsuitable for community service. But what exactly will he be doing to pay his debt to society? How are community service orders monitored, and what happens if an individual does not complete an order? And crucially, at a time of severe prison overcrowding, why is more use not made of community service orders? They are definitely an enlightened element of the criminal justice system. The concept was introduced in a 1983 Criminal Justice act. 'A community service order shall require the offender to perform, in accordance with this Act, unpaid work for such number of hours as are specified in the order and are not less than 40 and not more than 240.' The order is designed to apply in lieu of prison sentences of up to 12 months. In general, the work has to be completed within a year but certain leeway might be given by the probation service, which oversees the orders, in special circumstances. The service could involve anything from assisting with community organsations, or with clean ups, or providing service in training or coaching young people. Questions sent to the Probation Service requesting information on specifics of the work concerned did not receive a reply. The only other law covering community service orders is the Fines (Payment and Recovery) Act 2014 which makes provision for a judge to issue an order as an alternative to sending a person to prison. The order is dependent on a report to assess whether the offender is suitable for it. Up to a quarter of those assessed are rejected as unsuitable. In the vast majority of these cases, that means they must instead serve a prison sentence. Another criteria which must be met in theory is that there is sufficient work required within the community through which the order can be worked out. A major question arises as to whether community service orders could be used more frequently. This is amplified at a time when prison overcrowding is a constant and growing problem. For instance, in 2023, 78% of all committals to the Irish prison system were for sentences of 12 months or less. This represents 6,191 individuals out of a total of 7,938 committals. In 2023, the annual cost of keeping a prisoner was over €85,000. Apart from that, there is an obvious loss of social and personal capital in locking up people when an alternative is available. Research from abroad suggests the offender is less likely to reoffend if he or she avoids prison. A person who is working can continue to do so, further enhancing the likelihood of staying away from crime. There is an obvious loss of social and personal capital in locking up people when an alternative is available. At a time when the main thrust of penal policy in government is to build more prisons, it appears highly questionable that there continues to be a failure to properly utilise the alternatives. In fact, the trend appears to be going in the opposite direction. In 2011, there were a total of 2,738 community service orders. This level was maintained up to 2019 when there was 2,791. Then it fell off a cliff with 1,161 the following year which was, to a large extent, attributable to the pandemic and lockdowns. However, since then the take up for the orders has been sluggish with just 1,288 in 2022. In 2023, this rose to 1,644, which, the probation service reported, accounted for 'in lieu of 778 years in prison' and benefited communities nationwide to the tune of over €2m of unpaid work. A review of the policy and use for community service orders was conducted by the Probation Service in 2022. It presented some useful suggestions for an increase in the use of the orders. Following on from that, the minister for justice appointed two academics, Niamh Maguire and Nicola Carr, to research the whole area. Their findings were published last November. They interviewed a whole range of judges on attitudes and practices. One recurring theme was that judges have an understanding that they must 'consider' such a sanction, but not regard it as a preferred option. One district court judge told them that as far as they were aware 'we have to consider giving a community service order as opposed to a prison sentence. We have to. And all we have to do is consider it. We actually don't have to impose a community service order, that's my understanding.' There are also major problems with resourcing. Many judges around the country simply do not have the option of imposing a community service order as there is no probation officer available to conduct an assessment of suitability. And sometimes where there is somebody available, the time before a report can be compiled is so long as to make the order untenable. The balance of resources within the system is heavily weighted towards imprisonment. The Irish Prison Service has a budget that is more than 10 times that of the probation service. Expanding use of community service orders would require a rebalancing of that budget and inevitably would be met with the usual resistance from a State agency. The report compiled by the academics was entitled Community Or Custody? A Review of Evidence and Sentencers' Perspectives on Community Service orders and Short-Term Prison Sentences. It recommended that resources need to be applied so that community service orders are "suitable for the broad range of individuals who come before the courts for sentencing but specifically for categories that are currently not considered suitable including persons with substance misuse issues, mental health difficulties and physical disabilities". Currently, candidates for a community service order are often deemed unsuitable because of such issues. Changing that would at the very least ensure more who are assessed would end up serving the order with all the benefits that attach for both the individual and society. They researched systems abroad. In Finland, for instance, any prison sentence of eight months or less is automatically commuted to a community service-type sanction. The academics also concluded that consideration for community service orders needs to be given to people who come before the court frequently, particularly where crime is directly linked to addiction, mental illness and poverty. Again, repeat offenders are currently often deemed unsuitable for consideration for a community service order. Apart from tackling crime in a progressive manner, and one that successive governments claim to want, increasing the use of community service orders makes perfect financial sense. The resources required to process and oversee a community service order would be far less than the €85,000 it costs to detain a prisoner for a year. Research into sentencing conducted by the Judicial Council arrived at similar conclusions. Many judges around the country simply do not have the option of imposing a community service order as there is no probation officer available to conduct an assessment of suitability. File picture: iStock In particular, the research pointed to delays in assessment reports because of a lack of probation staff. 'Such delays are likely to have a bearing on the use of such sanctions by courts where time taken for assessment are extended due to Probation Service resourcing issues and managing demands for services.' On foot of the report by the two academics, the Department of Justice has moved to make some changes. This month the minister, Jim O'Callaghan, got approval from Cabinet to draft amendments to the law. These include a provision 'to oblige the courts to consider a community service order in lieu of a prison sentence for up to 24 months duration', where the current threshold is 12 months. There will also be provision to increase from 240 to 480 the maximum community service hours that a judge may order. And there will be an amendment to allow for 'a broader cohort of appropriately trained and designated probation service staff to oversee the administration of community service orders". However, there will not be a change to oblige judges to give priority to a community service order being applied instead of a prison sentence, reverting only to the latter when circumstances demand. Neither is there any commitment to increase the resources applicable to administering community service orders, without which any change in the law will have only a limited impact. Read More
The Journal
05-06-2025
- The Journal
Jury told to find garda not guilty on five counts over alleged motor insurance record tampering
LAST UPDATE | 8 mins ago A JURY IN the trial of a Limerick garda accused of 'sorting out' motoring offences for drivers were today directed by the trial judge that they should find him not guilty of some of the charges. Tom Flavin, (51), Rathkeale Garda Station, Co Limerick, should be acquitted of all of the charges as there is no real evidence against him, his barrister, senior counsel, Mark Nicholas, said in his closing speech to the jury today. Flavin went on trial before Limerick Circuit Criminal Court on 27 May accused of 22 counts of attempting to pervert the course of justice. Today, senior prosecuting counsel, Fiona Murphy, told the jury they were to find Flavin not guilty of five of the charges and that they would consider verdicts on the 17 remaining counts. Flavin, who denies all the charges, is accused of attempting to pervert the course of justice by entering false motor insurance details on the garda PULSE records computer system, in an attempt to frustrate potential prosecutions against persons for driving without insurance. The drivers involved were stopped at routine garda checkpoints around the country and asked by the garda present to produce their insurance and licence details at a nominated garda station within ten days of the traffic stop. All of the drivers asked to do this nominated Rathkeale garda station. Later, when the investigating garda in each of the stops carried out follow up checks of PULSE, they were satisfied that details entered into the system indicated that the driver in each case was insured. However, the court heard the drivers were actually not insured and some were even prosecuted in court afterwards after pleading guilty to driving without insurance at the time they were stopped. In his closing speech to the jury, Nicholas SC, instructed by solicitor Dan O'Gorman, described Flavin as an exemplary garda who had served with dedication in Croom and Rathkeale, Co Limerick, for many years. Urging the jury to acquit Flavin and not fall into the trap of speculation, Nicholas added there was radically insufficient evidence to support a conviction. 'He served his community without blemish and without any disciplinary blots – you know that from the evidence. When other gardaí came to give evidence, his superiors, they spoke of him very fondly and well – it wasn't far off gushing and they spoke with knowledge,' Nicholas told the jury. Advertisement The defence barrister spoke of the 'unique challenges' gardaí face in Rathkeale as opposed to other jurisdictions. 'People who live down here know it has an enormous population, transient, in and out at various times of the year. One policeman said (the population) quadruples and with that comes its own set of problems and own sets of vehicles – UK car registrations, UK insurance, some not insured, some not being entirely truthful.' 'We know that a certain number of times that people who were pulled up and stopped and asked for their documentation, produced bogus insurance certificates.' Nicholas said the charge of attempting to pervert the course of justice is an extraordinarily, serious allegation to make against a serving garda. 'That he (Flavin) must have deliberately, knowing the (insurance) certificate to be false, inputted it into the system with the intention that it would frustrate a prosecution. There has been nothing close to this level of proof in this case whatsoever,' added Nicholas. The court heard evidence of persons providing documents at Rathkeale garda station, however it was unclear who exactly produced what at the Garda station, and what exactly was produced. Fiona Murphy SC, prosecuting, said all of the relevant data entries onto PULSE 'were entered under the ID of Thomas Flavin'. Murphy told the jury that a statute of limitation of 'six months' generally applied in respect of prosecuting offences of driving without insurance. 'It is the prosecution's case that Tom Flavin knew they (the motorists involved) were not covered (by insurance) and that he entered the details onto PULSE to ensure they (appeared) covered,' Murphy told the jury. 'Flavin knew what he was doing, and he did so to ensure those persons were insured (on PULSE) when they were not, in order to ensure there was no prosecution,' Murphy alleged. The prosecuting barrister told the jury that Tom Flavin enjoyed the presumption of innocence and that the burden of proof 'beyond a reasonable doubt' was all on the prosecution while, Flavin 'has nothin to prove'. Murphy told the jury the prosecution case was 'a circumstantial case, there is no direct evidence, instead the prosecution relies on indirect evidence'. It is anticipated the jury will retire to consider its verdicts on each of the 17 counts on Friday. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Sunday World
21-05-2025
- Sunday World
Limerick man granted bail after admitting to producing sex video chats with children
The defendant, who cannot presently be named for legal reasons, pleaded guilty to a total of seven charges before Limerick Circuit Criminal Court. A Limerick man who admitted using a social media app to produce sex video chats with underage girls, and who attended a sex act involving a female child, has been granted bail by a court ahead of his sentencing hearing. The man appeared before Limerick Circuit Criminal Court where he also admitted inviting underage girls to 'participate' in a sex act. He admitted to using the 'Monkey' live video chat platform to communicate with children to sexually exploit them. The man also admitted possessing sexual videos and images of children. Stock image. News in 90 seconds - 21st May The defendant, who cannot presently be named for legal reasons, pleaded guilty to a total of seven charges. He entered a 'guilty' plea that, on April 2, 2023, he 'used the Monkey Application to produce a live video chat of a sexually explicit nature with two female children for the purposes of distribution, publication, exportation, sale or show'. The man also entered a plea of 'guilty' that, on April 3, 2023, he 'used the Monkey Application to produce a live video chat of a sexually explicit nature with a female child for the purposes of distribution, publication, exportation, sale or show'. The man pleaded 'guilty' that, on April 2, 2023, he 'invited two female children to participate in a pornographic performance'. He also pleaded 'guilty' that, on April 3, 2023, he 'knowingly attended a pornographic performance involving a female child'. The man also pleaded 'guilty' to using the Monkey Application to communicate with two unknown female children in order to 'facilitate the sexual exploitation of those children, by him', on April 2, 2023. He also pleaded 'guilty' to using the Monkey Application to communicate with an unknown female child in order to facilitate the sexual exploitation of that child, by him', on April 3, 2023. The man, who who attended the court with his mother, also pleaded 'guilty' to knowingly possessing four images and two videos of 'child pornography', on his mobile phone, on April 9th, 2023. All of the admitted offences occurred at an address in Limerick. The case was listed before Limerick Circuit Criminal Court for mention again in July in order to fix a date for evidence at a sentencing hearing.
Irish Daily Mirror
20-05-2025
- Irish Daily Mirror
Man bailed after pleading guilty to "attending" sex act involving female child
A Limerick man has been bailed by a court after he admitted charges of 'producing' live sexual video chats involving underage girls, and 'attending' a sex act involving a female child. The man also admitted inviting underage girls to 'participate' in a sex act, as well as possessing sexual videos and images of children. The defendant, who cannot presently be named for legal reasons, pleaded guilty to a total of seven charges before Limerick Circuit Criminal Court. The man entered a 'guilty' plea that, on April 2, 2023, he 'used the Monkey Application to produce a live video chat of a sexually explicit nature with two female children for the purposes of distribution, publication, exportation, sale or show'. The man also entered a plea of 'guilty' that, on April 3, 2023, he 'used the Monkey Application to produce a live video chat of a sexually explicit nature with a female child for the purposes of distribution, publication, exportation, sale or show'. The man pleaded 'guilty' that, on April 2, 2023, he 'invited two female children to participate in a pornographic performance'. The man also pleaded 'guilty' that, on April 3, 2023, he 'knowingly attended a pornographic performance involving a female child'. The man also pleaded 'guilty' to using the Monkey Application to communicate with two unknown female children in order to 'facilitate the sexual exploitation of those children, by him', on April 2, 2023. He also pleaded 'guilty' to using the Monkey Application to communicate with an unknown female child in order to facilitate the sexual exploitation of that child, by him', on April 3, 2023. The man, who who attended the court with his mother, also pleaded 'guilty' to knowingly possessing four images and two videos of child sex abuse material, on his mobile phone, on April 9, 2023. All of the admitted offences occurred at an address in Limerick. The man was remanded on bail and the case was listed before Limerick Circuit Criminal Court for mention again in July to fix a date for evidence ahead of the man's sentencing hearing.
Sunday World
16-05-2025
- Sunday World
Five women from one family on trial over alleged knife attack in Rathkeale
in the dock | Each of the five accused have pleaded not guilty before a jury of eight men and four women in front of Judge Fiona O'Sullivan, Limerick Circuit Criminal Court. The complainant, Christina McCarthy née Harty, sustained disfiguring knife wounds to her face, as well as to her left hand as she was trying to defend herself, Limerick Circuit Criminal Court heard. The aggravated burglary and knife attack allegedly occurred at Ms McCarthy's home at Ballingrane, Rathkeale, Co Limerick, on December 10th, 2019. Mary Ellen Daly neé Harty. Picture: Brendan Gleeson News in 90 Seconds - May 16th Sergeant Rob Sheehy, Henry Street Garda Station, Limerick, showed photographs in court of 'horizontal and vertical' knife wounds to Ms. McCarthy's face as well as 'two gashes or wounds' on her left hand. Sergeant Sheehy agreed with prosecuting barrister, Lily Buckley, that the knife wounds to Ms McCarthy's face 'ran along her jaws up to her ears'. Christina Casey. Picture: Brendan Gleeson Ms Buckley told the court that Ms McCarthy was 'resting' in her bedroom when all five accused women arrived together in cars, at her home, on the date in question. Inspector Barry Manton confirmed in court that photographs shown to the jury that were taken by gardai at the scene, included images of bloodied hair, as well as 'blood spattering' and 'blood staining' found on flooring, walls and bedsheets inside the complainant's house. Mother and daughter, Nora 'Josie' Harty, (57), and Mary Ellen Daly neé Harty, (34), both with an address at Lisheen Park, Patrickswell, Co Limerick, are accused of one count of committing aggravated burglary while in possession of knives at Ms McCarthy's home, during which they assaulted her causing her serious harm. Nora Harty, a first cousin of the complainant, is also charged with causing criminal damage to a window at the complainant's home. Rita Johnson. Picture: Brendan Gleeson Ciara Johnson, (30), St Ita's Street, St Mary's Park, Limerick, and Christina Casey, (48), St Aidan's Close, Brookfield, Tallaght, Dublin, are charged that, while in possessing of a knife and a baseball bat respectively, they committed aggravated burglary at Ms McCarthy's home, during which they intended to assault her, causing her harm. The court heard that Ciara Johnson is a daughter-in-law to Nora Harty, and Ms Casey is Nora Harty's sister. The fifth accused, Rita Johnson, (51), St Ita's Street, St Mary's Park, mother to Ciara Johnson, is charged with committing burglary at Ms McCarthy's house, during which she intended to assault and cause harm to Ms McCarthy. Ms Buckley told the jury that the alleged knife attack and burglary occurred 24 hours after an alleged verbal and physical interaction involving the complainant, her daughter Amanda Sheridan née McCarthy, and two of the five accused, Mary Ellen Daly and Ciara Johnson. Read more Each of the five accused have pleaded not guilty before a jury of eight men and four women in front of Judge Fiona O'Sullivan, Limerick Circuit Criminal Court. Ms Buckley, instructed by Brendan Gill, state solicitor for County Limerick, told the jury: 'The accused are presumed innocent and retain that presumption of innocence until you may decide otherwise.' 'The burden of proof is on the prosecution and the standard of proof is beyond a reasonable doubt - not beyond all doubt,' the prosecution barrister added. Nora Josie Harty is represented by barrister Liam Carroll; Mary Ellen Daly is represented by barrister Grace Hogan; Ciara Johnson is being represented by barrister Karla Ray; Christina Casey is represented by barrister Joseph McMahon; and Rita Johnson is represented by barrister Johanna O'Connor. The trial resumes Monday when the court is expected to hear evidence from the complainant.
