In general terms the law sets out the maximum sentence that can be imposed for an offence and it is then a matter for the court to decide the appropriate sentence in each particular case, taking into account all the circumstances. The judiciary is independent in the exercise of judicial functions, subject only to the Constitution and the law.
The specific question raised by the deputy seeks information on unserved prison sentences. While there are particular situations where convicted persons do not serve their full prison sentence, for example where remission is granted for good behaviour, 'unserved time' is not a concept of Irish criminal law. If the Deputy wishes to provide further clarification regarding his question, I will be pleased to consider the matter further