Report on Mandatory Sentences - Law Reform Commission

eleased shortly afterward, which showed that there had been a 35 percent increase in gun crime in
England and Wales during the 12 months up to April 2002. 362 In advance of these figures being released,
the Home Secretary confirmed that he would be introducing a mandatory minimum five-year sentence for
illegal possession and use of firearms. 363 The announcement met with widespread criticism from the
judiciary, who argued that they should be allowed to use their discretion in sentencing offenders, and
opposition parties, who argued that the Home Secretary was engaging in “knee-jerk” politics. 364 Within a
day of his initial announcement, the Home Secretary announced that the proposed legislation would be
modified to permit the judiciary to depart from the minimum sentence where there were exceptional
circumstances. 365
2.158 In 2003 Parliament passed the Criminal Justice Act 2003. Arguably, the 2003 Act had been
inspired by the proposals contained in the Government’s 2002 White Paper Justice for All and the
intervening events. 366 Section 287 of the Criminal Justice Act 2003 inserted section 51A of the Firearms
Act 1968. As detailed at paragraph 4.105, section 51A of the Firearms Act 1968, as amended, 367
provides for a presumptive minimum sentence of five years for certain firearms offences.
(d)
Ireland
2.159 In Ireland, there had long been calls to introduce mandatory sentencing for firearms offences.
Calls for “mandatory minimum” sentences for firearms offences were first heard by the Dáil in 1986 368 but
were dismissed by the Minister for Justice on the basis of possible constitutional problems and the lack of
public appetite. A general call for more robust measures against firearms offences was also rejected the
following year. 369
2.160 In July 1996, following the shooting dead of Garda Jerry McCabe and Veronica Guerin, the
Opposition moved a private members’ motion in which they called on the Government to consider, among
other matters, the introduction of mandatory minimum sentences for the use of illegal firearms. 370 At that
time, it was suspected that these offences had been committed by members of subversive and criminal
organisations. 371 The notoriety of these criminal organisations had grown as details of their exploits
362
363
364
365
366
367
368
369
370
371
Allen and Barrett “Huge Increase in Gun Use as Crime Figures Soar” The Independent 9 January 2003;
Burrell “Tories attack ‘truly terrible’ Rise in Gun Crime” The Independent, 10 January 2003; and Vasagar and
Ward “Five-Year Jail Terms planned as Rise in Use of Illegal Weapons revealed” The Guardian 6 January
2003.
Vasagar and Ward “Five-Year Jail Terms planned as Rise in Use of Illegal Weapons revealed” The Guardian
6 January 2003; Sparrow “Blunkett outlaws Use of Fake Guns” The Telegraph 6 January 2003; and “Blunkett
confirms tough new Gun Penalties” The Guardian 6 January 2003.
“No 10 backs down on Gun Crime Sentencing” The Telegraph 7 January 2003; and Gibb and Ford “Judges
Force Retreat on Sentences” The Guardian 7 January 2003.
“No 10 backs down on Gun Crime Sentencing” The Telegraph 7 January 2003; Johnston “Blunkett’s New
Five-Year Minimum Jail Term ‘Knee-Jerk Politics’” The Telegraph 7 January 2003; and Gibb and Ford “Judges
Force Retreat on Sentences” The Guardian 7 January 2003.
Criminal Justice Act 2003 - Explanatory Notes at paragraph 3; and Towards Effective Sentencing - Fifth
<strong>Report</strong> of Session 2007-2008, Volume I (House of Commons Justice Committee, 2008) at 7.
Section 30 of the Violent Crime Reduction Act 2006.
Dáil Debates, Oral Answers to Questions, 22 May 1986, Vol 366, Col 2108-9.
Dáil Debates, Written Answers - Armed Crime, 28 October 1987, Vol 374.
Dáil Debates, Private Members’ Business - Measures against Crime Motion, 2 July 1996, Vol 467, No 7, Liz
O’Donnell TD; and “Coalition to present Anti-Crime Package later Today” Irish Times 2 July 1996.
Mayor calls for Action on Guns” Irish Times 15 August 1996; “The Law and Justice” Irish Times 13 September
1996; “69 Guns seized during Guerin Murder Inquiries” Irish Times 9 September 1996; “Garda are now closing
in on Guerin Murderers” Irish Times 9 October 1996; and Maher “Murdered Drug Dealer linked to two Killings
in Dublin” Irish Times 9 December 1996.
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