Report on Mandatory Sentences - Law Reform Commission

Furthermore, section 27(3I) 97 provides that the power to grant temporary release conferred by section 2 of
the Criminal Justice Act 1960 may not be exercised until such time as the power to grant commutation or
remission has arisen except “for grave reasons of a humanitarian nature”. The period of temporary
release must be for such limited period as is justified by those reasons. Such reasons might include
serious illness on the part of the offender or an immediate family member, or the death of a close family
member. 98
4.48 Section 27(3J) 99 provides that the court may list a sentence for review after the expiry of not less
than half of the term specified by the court under section 27(3C) 100 or section 27(3F). 101 To list a
sentence for review, the court must be satisfied that the offender was addicted to drugs at the time of the
offence 102 and that the addiction was a substantial factor leading to the commission of the offence. 103 In
this respect, the legislation acknowledges a difference in the lesser culpability of those who become
involved in drug dealing in order to feed their own addiction compared to those further up the hierarchy
who often have no addiction problem. 104
4.49 Section 27(3K) 105 provides that on reviewing the sentence the court may suspend the remainder
of the sentence on any conditions it considers fit and having regard to any matters it considers
appropriate. In The People (DPP) v Finn, 106 the Supreme Court firmly disapproved of the general practice
of imposing reviewable sentences but accepted that sentences imposed for offences under section 15A
might continue to have review elements because of the specific statutory authorisation.
4.50 In The People (DPP) v Dunne, 107 the Court of Criminal Appeal held that the review power was
only available in circumstances where the mandatory minimum sentence had been passed and not where
the court had imposed a lesser sentence on the ground that there were exceptional and specific
circumstances. This could lead to the illogical consequence of a person subject to the statutory minimum
sentence being in a better position than a person not subject to the statutory minimum. 108 It has also
been noted that the purpose of the review provision is rehabilitative and that this mechanism should
therefore be available to all drug addicts irrespective of the length of the sentence imposed on them. 109
4.51 The review power remains following the amendment to section 27 110 which imposes a mandatory
minimum sentence of 10 years without exception where the offender is convicted of a second or
subsequent offence under section 15A or section 15B.
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Formerly, section 27(3F).
O’Malley Sentencing Law and Practice (Thomson Round Hall, 2 nd ed, 2006) at 333.
Now section 15(3J) after the enactment of section 33 of the Criminal Justice Act 2007.
Formerly, section 27(3B).
Section 27(3F) provides that where a person has been convicted of a second or subsequent offence under
section 15A or section 15B, the court must impose a 10-year sentence.
Section 27(3J)(a) of the Misuse of Drugs Act 1977, as amended.
Section 27(3J)(b) of the Misuse of Drugs Act 1977, as amended.
O’Malley Sentencing - Towards a Coherent System (Round Hall, 2011) at 102.
Formerly, section 27(3H).
The People (DPP) v Finn [2001] 2 IR 25.
The People (DPP) v Dunne [2003] 4 IR 87.
O’Malley Sentencing Law and Practice (Thomson Round Hall, 2 nd ed, 2006) at 334.
Ibid.
As inserted by section 84 of the Criminal Justice Act 2006 and re-numbered by section 33 of the Criminal
Justice Act 2007.
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