Report on Mandatory Sentences - Law Reform Commission

2.135 In 1997, the Criminal Justice (No 2) Bill 1997 was introduced. 309 The Bill proposed to amend the
Misuse of Drugs Act 1977 by creating a presumptive sentencing regime for a new offence of possessing
drugs with a value of £10,000 or more with intent to supply. 310 Elaborating on his rationale for introducing
the new offence, the Minister highlighted the “unique nature” of the drugs trade and indicated that the
“harsh punishment” would “send an unequivocal message to those engaged in the illegal drugs trade, and
to those who might be tempted to engage in it, that we are serious and doing all that we can to eradicate
this blight.” 311
2.136 The 1997 Bill was later enacted as the Criminal Justice Act 1999. This inserted section 15A 312
and amended section 27 313 of the Misuse of Drugs Act 1977. The effect was to create a new offence of
possessing controlled drugs having a value of £10,000 or more, 314 for sale or supply, which was
punishable by a presumptive sentence of 10 years. 315 Section 27(3C) provided that the presumptive
sentence would not apply where:
“... the court is satisfied that there are exceptional and specific circumstances relating to the
offence, or the person convicted of the offence, which would make a sentence of not less than 10
years (sic) imprisonment unjust in all the circumstances...”
2.137 It is clear that this language was influenced to a great extent by the language used in the Crime
(Sentences) Act 1997 in the United Kingdom. Section 3 of the 1997 Act, which prescribes a presumptive
minimum sentence for a third class A drug trafficking offence, provides:
“The court shall impose a custodial sentence for a term of at least seven years except where the
court is of the opinion that there are specific circumstances which -
relate to any of the offences or to the offender; and
would make the prescribed custodial sentence unjust in all the circumstances.” 316
It will be recalled that there was a parallel debate regarding the use of mandatory minimum sentences
taking place in the United Kingdom at the time the Criminal Justice (No 2) Bill 1997 (enacted as the
Criminal Justice Act 1999) was first proposed in Ireland.
2.138 In 2001, the Department of Justice commissioned a report on the criteria applied by the courts in
sentencing offenders under section 15A of the Misuse of Drugs Act 1977. 317 The report concluded that
the courts showed a marked reluctance to impose the mandatory minimum sentence of 10 years for fear
that it would result in a disproportionate sentence in individual cases. The report, which examined the
period between November 1999 and May 2001, observed that a sentence of 10 years or more had been
imposed in only three out of 55 cases.
2.139 In 2004, the Government introduced the Criminal Justice Bill 2004. 318 During the second stage of
debates, the Government announced that it would be making a series of substantial amendments to the
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Seanad Debates, Criminal Justice (No 2) Bill 1997, Second Stage, 9 December 1997, Vol 153, No 1. See
also: Law Reform Commission <strong>Report</strong> on the Confiscation of the Proceeds of Crime (LRC 35-1991).
Seanad Debates, Criminal Justice (No 2) Bill 1997, Second Stage, 9 December 1997, Vol 153, No 1.
Dáil Debates, Criminal Justice (No 2) Bill 1997 [Seanad], Second Stage, 11 June 1998, Vol 492, No 3.
Section 4 of the Criminal Justice Act 1999.
Section 27(3B) inserted by section 5 of the Criminal Justice Act 1999.
Section 1 of the Euro Changeover (Amounts) Act 2001 converted this amount to €13,000.
Irish Current Law Statutes Annotated 1999 at 10-05.
Section 3(2) of the Crime (Sentences) Act 1997.
McEvoy Research for the Department of Justice on the Criteria applied by the Courts in sentencing under S.
15A of the Misuse of Drugs Act 1977 (as amended) (Department of Justice, 2001).
Dáil Debates, Criminal Justice Bill 2004, Second Stage, 15 February 2005, Vol 597, No 5.
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