Report on Mandatory Sentences - Law Reform Commission

analysis suggested, among other things, that: (i) well-resourced treatment services, such as methadone
substitution, can have a positive impact on criminal behaviour; (ii) local policing partnerships which
acknowledge that fear of retribution is a deterrent to crime-reporting are essential to addressing drugrelated
crime in deprived areas; and (iii) addressing socio-economic circumstances is an essential part of
dealing with the problem of drugs and crime. The HRB concluded that while activities aimed at supply
control, combined with efforts to reduce the demand for drugs, remain essential policy goals, the
development of an Irish crime-reduction strategy needs to appreciate the complexity of the drugs-crime
nexus. 457 In particular, it emphasised that while law enforcement activities may have contributed, among
other things, to the relative containment of illicit drug use, there is little evidence that such approaches
have halted the expansion of illicit drug markets or reduced associated criminal activities for any
sustained period. 458
4.200 The research conducted by the HRB indicates that policies designed to counter illicit drug
dependence have a key contribution to make to the reduction of crime. Of particular interest in this
respect, is the work of the Misuse of Drugs work sector of the British-Irish Council (BIC). The
Commission notes that in January 2012 the Member Administrations of the BIC confirmed their
commitment to actively encouraging a renewed focus on recovery from drug dependence in future drug
strategies. 459 The work sector, which is led by the Irish administration, further agreed that Member
Administrations will work together to evaluate and share successful approaches to this challenge. At the
summit meeting held in January 2012, Ministers discussed drug treatment measures and strategies that
have been put in place in each administration to facilitate the path of recovery. The Council noted that a
more ambitious inter-agency approach was needed involving individual care plans to better address the
holistic needs of clients. A discussion paper titled Recovery from Problem Drug Use was also welcomed
by the various delegations in attendance. The Commission notes that in 2012 the BIC also considered
issues such as: (i) the misuse of prescription drugs; (ii) the misuse of new psychoactive substances; and
(iii) cycles of problem substance abuse among young people. 460
(b)
Firearms Acts
4.201 The Commission observes that there has been little commentary in the literature on presumptive
sentencing under the Firearms Acts. Given, however, that it was modelled on the presumptive
sentencing regime under the Misuse of Drugs Act 1977, many of the comments made in relation to the
Misuse of Drugs Act 1977 also apply to the Firearms Acts.
4.202 The presumptive sentencing regime under the Firearms Acts may not, for instance, adequately
meet the aim of deterrence. In this regard, Campbell observes that presumptive sentencing as a means
of deterring gun crime assumes that the offender has made a rational decision to commit the offence. 461
She notes, however, that expressions of masculinity and social deprivation are also contributing factors
and firearms offenders might respond better to an educational and psychological approach rather than a
legal approach. 462
4.203 In addition, the Commission observes that this sentencing regime may not appropriately pursue
the aim of punishment. The Firearms Acts prioritise one aggravating factor, namely, the existence of a
prior relevant conviction under the Acts, at the expense of other factors relevant to culpability. In this
regard, the regime may run the risk of inflicting disproportionate punishment upon a particular offender.
The Commission acknowledges, however, that the courts may undertake a downward departure from the
457
458
459
460
461
462
Overview 3: Drugs and Crime in Ireland (Health Research Board, 2006) at 110.
Ibid at 109.
See: “Communiqué of the British Irish Council Meeting 13-01-12”. Available at:
www.taoiseach.gov.ie/eng/News/Archives/2012/Taoiseach's_Press_Releases_2012/Communiqu%C3%A9_of
_the_British_Irish_Council_Meeting_13-01-12.html [Last accessed: 22 May 2013]
See: www.britishirishcouncil.org/areas-work/misuse-drugs [Last accessed: 22 May 2013]
Campbell “Responding to Gun Crime in Ireland" (2010) 50 Brit J Criminology 414 at 422.
Ibid at 429.
177