Nolan calls for mandatory custodial sentence for child pornography offences
Independent TD for Offaly Carol Nolan has called for mandatory custodial sentences for anyone found guilty of possession of child pornography.
Deputy Nolan raised the issue with Justice Minister Jim O'Callaghan, who informed her that while it is his intention to review sentencing guidelines legislation, there are no current plans to introduce additional minimum custodial sentences for any category of offence, including those related to so called ‘child pornography’.
Deputy Nolan had asked the minister if to consider amending the Child Trafficking and Pornography Act 1998 to ensure that people found to be in possession of child pornography, irrespective of offence gravity or other circumstances, will be liable to a mandatory custodial sentence.
The Independent TD said she was moved to pursue the issue following growing levels of public and judicial unease at the level of lenient and fully suspended sentences that were being handed down to people in possession of child sexual abuse material.
She pointed out that Judge Martin Nolan, who routinely deals with such cases, has repeatedly noted that while possession of child sexual abuse material is a “well-trodden crime in this court” he is constrained by the need to apply non-custodial sentencing in the absence of aggravating factors.
“Hardly a week goes by now when we do not see reports of people walking free from the courts despite being in possession of vile and frankly demonic forms of child sexual abuse imagery or child abuse videos.”
“I fully accept that we must have separation of powers between the judicial and legislative branch, but I also take very seriously indeed our solemn requirement as legislators to ensure that the penalty matches the crime in terms of sentencing guidelines and sentencing legislation. I don’t think that is happening at the moment.”
“To my mind, if you are someone who knowingly collects or has in your possession child sexual abuse imagery of any description, then you should go to jail. We need to make it clear that however, 'innocent' you think you are, you are in fact actively complicit in the destruction of our children, and you are supporting a global industry that is the epitome of human evil.”
“To me, ‘aggravating factors’ has become a get-out-of-jail card that is now too easily and liberally applied. We need to change that for crimes of this magnitude. If that requires private members legislation then that is what I will do to bring about change in this area,” concluded Deputy Nolan.