Supreme Court rules practice of reviewing children's sentences unconstitutional
The Supreme Court ruled that the practice of stipulating future reviews of sentences handed to children is unconstitutional, in a judgment arising from the appeal of a 14-year-old convicted of murdering Urantsetseg Tserendorj in Dublin in January 2021. The court also held that life sentences should only be imposed on a child in murder cases where the child's intentions and actions resembled those of an adult, and remitted the case to the Court of Appeal for a new sentence.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court13 Mar
- Verdict
- Sentenced
Key facts
consolidated from all reports10 statements extracted from the articles
- whatThe young man was sentenced to life in detention with a review after 13 years (irishtimes.com)
- whatThe victim was a Mongolian woman (irishtimes.com)
- courtThe court ruled that life sentences should be imposed on a child only in murder cases where the child's intentions and actions resembled those of an adult (irishtimes.com)
- courtThe court ruled that a court may suspend part of a sentence in cases of a minor convicted of murder and other serious crimes (irishtimes.com)
- courtThe Supreme Court held that without legislative authority, a sentencing court may not reserve to itself the power to modify a sentence through a review mechanism (irishtimes.com)
- courtThis amounts to a breach of article 13, section 6 of Bunreacht na hÉireann (irishtimes.com)
- courtThe young man had previously, unsuccessfully, appealed his sentence to the Court of Appeal (irishtimes.com)
- courtThe case was adjourned to late March for the making of final orders (irishtimes.com)
- courtA separate Supreme Court judgment means prohibitions on naming the young man continue to apply in the proceedings (irishtimes.com)
- otherThe practice arose from an interpretation of section 103 of the Children Act, 1908, which was repealed in 2007 with no equivalent provision in the Children Act, 2001 (irishtimes.com)
The reporting
newest first- 13 Mar2025Practice of reviewing children’s sentences unconstitutional, Supreme Court rules
Supreme Court rules that the review mechanism for children's sentences is unconstitutional under article 13, section 6 of the Constitution; case remitted to Court of Appeal for new sentence. Separate ruling confirms naming prohibitions continue to apply throughout and beyond criminal proceedings.
victim, Urantsetseg Tserendorj, woman, Mongolian, non-irishUrantsetseg Tserendorjconvicted, 14, male