Report on Mandatory Sentences - Law Reform Commission

as those highlighted in the research conducted by the Health Research Board and the Misuse of Drugs
work sector of the British-Irish Council (see paragraphs 4.199 and 4.200).
5.132 Finally, the Commission agrees with the view, provisionally adopted in the Consultation Paper,
that the introduction of additional mandatory or presumptive minimum sentences would not be an
“appropriate or beneficial” response to other forms of repeat offending. As discussed above, it has not
been illustrated that mandatory or presumptive sentences for repeat offending achieve their intended
sentencing aims and, as a result, that these regimes are likely to reduce criminal conduct. The
Commission therefore recommends that the use of mandatory or presumptive minimum sentences not be
extended to other forms of repeat offending.
5.133 The Commission recommends that the following be repealed: (i) the presumptive sentencing
regime applicable to serious repeat offences under section 25 of the Criminal Justice Act 2007; (ii) the
mandatory minimum sentencing regime applicable to repeat drug offences under section 27(3F) of the
Misuse of Drugs Act 1977; and (iii) the mandatory minimum sentencing regime applicable to repeat
firearms offences under section 15(8) of the Firearms Act 1925; section 26(8), section 27(8), section
27A(8), and section 27B(8) of the Firearms Act 1964; and section 12A(13) of the Firearms and Offensive
Weapons Act 1990. The Commission also recommends that the use of presumptive or mandatory
minimum sentencing regimes not be extended to other forms of repeat offending.
5.134 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.
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