Report on Mandatory Sentences - Law Reform Commission

eneficial” response to other forms of criminality. The Commission notes (as discussed at paragraphs
2.168 to 2.174) that presumptive sentencing regimes have been proposed in recent years in Ireland in
respect of a number of offences, such as assaults against emergency workers and aggravated false
imprisonment. However, as discussed above, it has not been established that presumptive minimum
sentences achieve the relevant sentencing aims of deterrence, retribution and rehabilitation. As a result,
these regimes are not likely to facilitate a reduction in criminal conduct. The Commission therefore
recommends that the use of presumptive minimum sentences not be extended to other offences under
Irish law.
4.238 The Commission recommends that the following be repealed: (i) the presumptive minimum
sentencing regime applicable to drugs offences under section 27(3C) of the Misuse of Drugs Act 1977,
and (ii) the presumptive minimum sentencing regime applicable to firearms offences under section 15 of
the Firearms Act 1925; section 26, section 27, section 27A and section 27B of the Firearms Act 1964; and
section 12A of the Firearms and Offensive Weapons Act 1990. The Commission also recommends that
the use of presumptive minimum sentencing regimes not be extended to other offences.
4.239 The Commission also recommends that a more structured, guidance-based sentencing system
(as envisaged in the recommendations made in Chapter 1) would provide an appropriate alternative to
these provisions. In the context of drug-related crime, the Commission also considers that law
enforcement efforts may be beneficially supplemented by other initiatives, such as those highlighted in
the research conducted by the Health Research Board and the Misuse of Drugs work sector of the
British-Irish Council.
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