
Tom O'Malley
Tom O'Malley SC, Irish Senior Counsel, criminal law expert, and retired Associate Professor of Law at the University of Galway.
2
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OCT 5
Sep 30, 2026
Law Review Inagural Podcast - Tom O'Malley SC
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5:01
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4:22speaker_0HOST
I suppose, what aspects of sentencing law do you think might need reform or, you know, are working well, I suppose? Yeah.

Tom O'MalleyGUEST
Well, you have just mentioned one of them, I suppose, which is essentially the development of guidelines.

Tom O'MalleyGUEST
As it happens, one of the main pieces of research I'm working on at the moment is called a common law of sentencing.

Tom O'MalleyGUEST
And one of the features of the common law is that it's something that develops incrementally.

Tom O'MalleyGUEST
The common law always has to try to strike a delicate balance between stability and development.

Tom O'MalleyGUEST
We need stability in the law so that we can plan our lives in such a way that we know what the consequences will be if we adopt one course of action rather than another.
35 MINS LATER
S
40:32speaker_2HOST
Oh.
Alison Chawke released under Community Return Scheme after one month behind bars
3:43
3:51
4:06
4:12
4:17
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3:39speaker_0HOST
Would that have been a factor?

Tom O'MalleyGUEST
I mean, it's interesting that you should mention Limerick, uh, Prison, because the situation is dire, and it has been now for several years.

Tom O'MalleyGUEST
Um, you know, for most of this year, for example, the prison system as a whole has been operating at, you know, about 125% capacity, which means that there is around 1,000 more people in custody than there is actual bed capacity for.

Tom O'MalleyGUEST
And Limerick Prison, this is, in percentage terms at least, is usually the worst hit.

Tom O'MalleyGUEST
For example, at the beginning of this month, it was operating at 170% capacity.

Tom O'MalleyGUEST
Now, the funny thing about th- this, or there's nothing funny about it, but the strange thing about it is that Limerick Prison, Limerick Women's Prison, is the newest prison in the country.
S
5:29speaker_0HOST
He described Alison Chalk as a well-to-do woman and, and said, "We have to be clear that people who commit violent crimes should be, in the interest of justice, serve the custodial sentence they were given." Does, does the person's income status have any bearing here on, on whether they would be eligible for early release? And, and I suppose secondly, does he have a point that people should serve the sentences that the courts hand down?