Kiely_2017_responding.pdf (457.87 kB)
Responding effectively to domestic burglary: A critique of the criminal justice (burglary of dwellings)Act 2015
This article analyses the Criminal Justice (Burglary of Dwellings) Act 2015. Written from
the author’s respective experiences as criminal law practitioner and legal academic,
the article seeks to highlight the limited practical effects of the legislation. The Act
introduced two changes to the law in a bid to target repeat offenders, that is, the
potential for refusal of bail for repeat offenders and the introduction of consecutive
sentencing for such offenders upon conviction. The article argues that although the
legislation was no doubt well-intentioned, the belief that it would operate to curb
offending in this area was misguided. What is actually required in this area is not
reactionary law-making but sustained investment in preventative measures such an
further resourcing of the Gardaí to target burglars before they offend