Report on Mandatory Sentences - Law Reform Commission

E
Comparative Analysis
5.24 In this Part, the Commission considers the use of mandatory (and presumptive) sentences for
second or subsequent offences in other common law countries.
(a)
Northern Ireland
5.25 Although Northern Ireland applies a mandatory sentencing regime in respect of certain firearms
offences and “serious offences”, it does not apply such a scheme in respect of second or subsequent
offences.
(b)
England and Wales
5.26 In England and Wales, there are three examples of presumptive sentencing regimes applicable
to repeat offenders. These sentencing regimes are prescribed for certain repeat drug offences, repeat
domestic burglaries, and for the purposes of public protection.
(i)
Drugs Offences
5.27 Section 110 of the Powers of Criminal Courts (Sentencing) Act 2000 prescribes a minimum
sentence of 7 years’ imprisonment for an offender, aged at least 21 years, who is convicted of a third
Class A drug trafficking offence, committed when he or she was at least 18 years of age. 21 Where an
offender is under the age of 21 years and is convicted of a third class A drug trafficking offence,
committed when he or she was at least 18 years of age, the court must impose a minimum sentence of 7
years’ detention in a young offender institution. For the purposes of this regime, one of the prior drug
trafficking offences must have been committed by the offender after he or she was convicted of the other.
5.28 Under section 110(2), a sentence of less than 7 years may only be imposed where there are
“specific circumstances” relating to the offences or the offender which would make it “unjust in all the
circumstances” to apply the minimum sentence. While the 2000 Act does not define what is meant by
“specific circumstances”, section 110(3) obliges the court, where it finds that such circumstances exist, to
expressly state what these are.
5.29 Section 152(3) of the 2000 Act permits the court to impose a sentence of not less than 80
percent of the minimum term prescribed, where the accused has indicated an intention to plead guilty. 22
In determining whether to exercise this option, the court is required to take into account the stage at
which the accused indicated this intention and the circumstances surrounding that indication. 23 It has
been asserted, however, that the court is entitled to take advantage of section 152 whenever an offender
has pleaded guilty, even in circumstances where the intention to plead guilty was not indicated in
advance of the trial. 24 Where the court does rely on section 152 in imposing a sentence lower than the
prescribed minimum, it must indicate how it arrived at that sentence and what allowance has been made
for the plea. 25
(ii)
Domestic Burglary
5.30 Section 111 of the Powers of Criminal Courts (Sentencing) Act 2000 prescribes a minimum
sentence of three years’ imprisonment for an offender, aged at least 21 years, who is convicted of a third
domestic burglary, committed when he or she was at least 18 years of age. Where an offender under the
age of 21 years is convicted of a third domestic burglary, committed when he or she was at least 18 years
of age, the court must impose a minimum sentence of three years’ detention in a young offender
20
21
22
23
24
25
Section 27C was inserted by section 61 of the Criminal Justice Act 2006.
Class A drugs are defined in Part 1 of Schedule 2 to the Misuse of Drugs Act 1971. The term “drug trafficking
offence” is defined by section 1 of the Drug Trafficking Act 1994.
See also section 144 of the Criminal Justice Act 2003.
Section 152(1) of the Powers of Criminal Courts (Sentencing) Act 2000.
Current Law Statutes (Sweet and Maxwell, 2000) at 6-105.
Section 152(2) of the Powers of Criminal Courts (Sentencing) Act 2000.
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