Report on Mandatory Sentences - Law Reform Commission

now applied to a range of drug and firearms offences. As a result, there were now 8 types of offence for
which judicial discretion regarding sentencing would be constrained. The Commission observes,
however, that the fact that presumptive sentencing was limited to such a specific range of offences gives
rise to the inference that: (a) presumptive sentencing was intended to apply in the relatively narrow
circumstances of addressing a major challenge to society (such as in the case of certain drugs and
firearms offences), and (b) general judicial sentencing discretion was accepted as suitable in other cases.
2.167 In 2007 the Criminal Justice Act 2007 inserted a subsection 391 emphasising the social harm
caused by the unlawful possession and use of firearms into the sections 392 of the Firearms Acts which
had created the offences to which the presumptive sentences applied. It has been noted that the purpose
of this provision was to reduce the number of situations in which the courts could impose sentences
below the presumptive minimum by making clear the intention of the Oireachtas that the presumptive
minimum sentence was to be imposed in all but the most exceptional cases. 393
(3) Proposals to Extend the Use of Presumptive Minimum Sentences in Ireland
2.168 The Commission notes that in Ireland recent legislative proposals have sought to extend the use
of presumptive minimum sentences beyond specified drugs and firearms offences.
(i)
Criminal Justice (Aggravated False Imprisonment) Bill 2012 (Private Member’s Bill)
2.169 In January 2012 Fianna Fáil published the Criminal Justice (Aggravated False Imprisonment)
Bill, 394 the provisions of which are clearly influenced by the presumptive sentencing regimes under the
Misuse of Drugs Act 1977 and the Firearms Acts. The Bill would, if enacted, create a statutory offence of
“aggravated false imprisonment” (otherwise known as “tiger kidnapping”) which would attract a
presumptive minimum sentence of 10 years. 395 The presumptive sentence would not apply where there
were “exceptional and specific circumstances.” Exceptional and specific circumstances would include: (a)
whether the person had pleaded guilty and, if so, the stage at which he or she had indicated the intention
to plead guilty and the circumstances in which the indication had been given, and (b) whether the person
had materially assisted in the investigation of the offence including by an admission that a criminal
organisation existed and the identification of other members of the criminal organisation. 396 The
presumptive sentence would become a mandatory sentence where the person was convicted of a second
or subsequent offence of aggravated false imprisonment. 397
(ii)
Assaults on Emergency Workers Bill 2012 (Private Members’ Bill)
2.170 In October 2012, Fianna Fáil published the Assaults on Emergency Workers Bill 2012. This
Private Members’ Bill sought the introduction of a presumptive minimum sentence of five years’
imprisonment for those who: (i) commit an assault causing serious harm to an on-duty emergency worker;
(ii) threaten to kill or cause serious harm to an on-duty emergency worker; or (iii) injure an on-duty
emergency worker by piercing his or her skin with a syringe. 398
391
392
393
394
395
396
397
398
Section 35 to section 39 of the Criminal Justice Act 2006 inserted subsection (4A) into section 15 of the
Firearms Act 1925; section 26 of the Firearms Act 1964; section 27 of the Firearms Act 1964; section 27A of
the Firearms Act 1964; and section 27B of the Firearms Act 1964. Section 40 of the Criminal Justice Act 2006
inserted subsection (9A) into section 12A of the Firearms and Offensive Weapons Act 1990.
Section 15 of the Firearms Act 1925; section 26 of the Firearms Act 1964; section 27 of the Firearms Act
1964; section 27A of the Firearms Act 1964; section 27B of the Firearms Act 1964; and section 12A of the
Firearms and Offensive Weapons Act 1990.
McIntyre Irish Current Law Statutes Annotated 2007 at 29-43.
Collins “‘Tiger’ Jail Term Proposed” Irish Times 27 January 2012.
Section 3(1)(c) of the Criminal Justice (Aggravated False Imprisonment) Bill 2012.
Section 3(2) of the Criminal Justice (Aggravated False Imprisonment) Bill 2012.
Section 3(3) of the Criminal Justice (Aggravated False Imprisonment) Bill 2012.
Section 2 of the Assaults on Emergency Workers Bill 2012.
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