I think you're confusing manslaughter with murder, Sternn. They're two different charges, but only one results in a mandatory sentencing.
However, when I looked into Irish Law, the only remissions that are given are based on good behavior in prison, as you stated, but they only even apply after a quarter of the sentence has been served. So if you're convicted for murder and you're to serve "
no less than a 40 year sentence," that means you have to serve 10 years before you're even able to be released after 13 and a half. That break-down can be referenced
HERE.
In addition, the Good Friday Agreement, which can be referenced
HERE, only provides the circumstances for early release for prisioners already convincted or are scheduled at the time of the Good Friday Agreement, to be released early from prision. Those convincted for murder (
that the IRA has to confirm was offically ordered) after it's implimentation have obviously broken the "
cease fire" provision and are not eligable for early release. Also to be noted; Jerry McCabe's killers did not benefit from this. None were eligable for early release, as it was not a political murder (
as confirmed by Sinn Fien and the IRA), and none recieved it. So if you were to go out right now and knock off a gas station for a few Twislers and killed a clerk, the Good Friday Agreement isn't going to do anything for you.
Similarly, Michael McDowell, the current Irish Minister for Justice, Equality, and Law Reform, reaffirmed what the Irish Government site stated prior. In his speech on mandatory sentencing in 2004, he had this to say:
Quote:
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Originally Posted by Michael McDowell
There are a small number of situations however, where statute takes a more mandatory approach to the imposition of sentences. The most notable exception is, of course, in the case of murder where there is a mandatory sentence of life imprisonment. The Criminal Justice Act, 1990 provides that a person convicted of treason or murder shall be sentenced to imprisonment for life. Where a person is convicted of treason or of what formerly would have been capital murder, the Act obliges a court to specify imprisonment for a period of not less than 40 years as the minimum period to be served.
The Law Reform Commission has undertaken a review of the law relating to homicide. Over the past three years, it has published Consultation Papers on "Homicide: The Mental Element of Murder", "Corporate Killing" and "Provocation". Another Consultation Paper on the general defences relating to homicide is expected. Following consideration of the comments on these Consultation Papers, a final Report dealing with all aspects of the law on homicide may be published.
In its Consultation Paper on "The Mental Element of Murder", the Commission said that its initial view was that the distinction between murder and manslaughter should be maintained. It added that many of the difficulties associated with the distinction could be addressed by other means "including the removal of the mandatory life sentence for murder". There has been some expression of support for this view from senior judicial figures.
While I await with great interest the final Report of the Law Reform Commission on this issue, I can see the weight of the argument that the mandatory sentence of life imprisonment for murder is a just and apt punishment - it is part of our law for good reason. Murder is the killing of another person in circumstances where the murderer intended to kill or cause serious injury. It is the gravest crime and must be treated as such. Taking the life of another person must stand in the eyes of the law as an offence for which there is no more serious punishment.
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Full speech can be referenced
HERE.
Also, those charged in the killing of Gerry McCabe pleaded guilty to manslaughter, not murder. One of the reasons for this was because several witnesses who had previously given statements refused to give evidence at the trial, which was, according to the police, a result of IRA intimidation and threats. This is the reason none were sentenced to life in prison. They were sentenced from 11-14 years in prison. The earliest release for any of the murderers is May of 2007. So "
coming months" can better be described as "
over a year." As stated before, they're all serving their full sentence, as none of them were eligible for early release.